Legal Question in Real Estate Law in Massachusetts

I have a mortgage of $260k on a house worth $240k. My tenant (who used to be my girlfriend) has put approx. $10k worth of improvements into the house. She was insisting that I put her name on the deed due to her contributions and lawguru essentially said (all 4 lawyers agreed) it would be a huge mistake to do that for many reasons - not the least of which is the fact that her daughter is on her car insurance and has had 2 major car accidents in less than a year. After telling her what the lawyers at lawguru said she is threatening to hire a lawyer to force me to agree to a trust that would guarantee her 45% of any profits from the house. Should I contact the lender? Hire my own attorney? Thanks for the previous help and any advice you can give me on the trust issue.


Asked on 7/18/11, 10:07 am

1 Answer from Attorneys

First, no attorney can force you to give her 45% of any profits on the home.

He can sue for the $10,000 she put in the home and might win depending upon what the $10K represents.

If she gets an attorney you should hire an attorney.

You can enter into a side agreement that says she will get 45% of any profits from the sale of the home, but you need to define profits. You also need to decide what happens if you break-up and there is no profit in the house.

Does she pay anything towards the mortgage or real estate taxes?

Does she pay rent?

I assume she and her daughter live in the home with you. If she does not pay rent or part of the cost of the mortgage or taxes, what contribution to the home does she make?

In the end it is your decision as to what you want to do.

Read more
Answered on 7/18/11, 10:22 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts