Legal Question in Real Estate Law in Massachusetts

Hello,

I am not sure but don't think that Massachusetts, the state I live in, has common

law for couples who have been together for many years. My partner of 28 years abandoned

me out-of-the-blue, went to live in Florida with another woman. I have been left with very

little. We co-own a home here in Massachusetts which he is trying very hard to force me to

sell. The house is my family homestead, was where my father, mother, brother and I grew

up and I have been living here 55 years, much longer than my boyfriend did. Is there any

common marriage law in Massachusetts? If so, what steps can I take to hold my partner

responsible for abandonment? If not, is there any law that can protect me, esp. from being

forced to sell my part of the house? Sincere thanks...........


Asked on 10/24/11, 7:43 am

2 Answers from Attorneys

There is no common law marriage in Massachusetts, and no financial support obligations for unmarried couples (palimony).

With respect to a forced sale of the house; your boyfriend would have to file an action for partition and seek to establish each your respective shares in your real estate partnership (presumed 50-50, but can be established based on financial records). He may not be willing to undertake this expense if he is living in Florida unless there is substantial equity in the house. If he does, however, you have the right to purchase his interest.

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Answered on 10/24/11, 9:58 am

There is no common law marriage in MA.

First, what he is entitled to receive depends on how you obtained title to the property. If it was a gift or inheritance in whole or part from your family; that goes to your equity in the home. If his name was placed on the deed in anticipation that he was going to marry you, you can get his name removed from the home altogether.

The least expensive way out is to offer to buy him out for an nominal figure if there is any equity in the home. You should have an attorney do it for you. You have to be careful in how you word the offer.

I would recommend you meet with an attorney for an hour and outline the facts in detail of the home was acquired and how your boyfriend got on the deed. He can then advise you the best way to deal with your ex-boyfriend.

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Answered on 10/24/11, 11:05 am


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