Legal Question in Real Estate Law in Massachusetts

Money owed by real estate partner

I had purchased a home in the state of rode island in Aug. 2002 jointly with a current girlfriend. I moved out of the property in Jan. 2004. We had made a verbal agreement that I was to sign over the deed for the property to her and she was to refinance the property in her name, removing myself from the deed and mortgage. Once the property was refinanced she was to pay me half of the equity in the home based on the current appraisal during the refinance. This agreement was made in Jan. 2004 and I have not recieved any monies owed to date. Is there any legal actions I can take to collect the monies owed without a written agreement in hand? I had approx. 41k invested in the home and have proof of payment of the mortgage for the entire duration in which I had lived there and also other misc. home related expenses.


Asked on 10/03/06, 11:00 pm

1 Answer from Attorneys
David Slepkow Slepkow Slepkow & Associates, Inc.

Re: Money owed by real estate partner

There are several types of actions you could potentially file. Of course, I would need more information to give you a firm response. It seems that you could attempt to put a lis pendens on the property as part of a lawsuit. A lis pendens is not a lien but in many respects is very similar to a lien becuase it usually stops her from selling the property or refinancing again. It seems like you could file suit claiming breach of contract, fraud, and claim equitable ownership to the land. I would be happy to help you with this matter. please contact me. My phone number is listed on my web site and can be easily obtained in the yellow pages.

David Slepkow

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Answered on 10/05/06, 2:16 pm


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