Legal Question in Real Estate Law in Massachusetts
I moved into my girlfriends home 5 years ago. I paid to have an addition added to her house for our kids. I have been paying her monthly to live there, just a straight check. It's her house. Nothing signed.
We are now going our separate ways and we were trying to figure out how (and how much) I should get back for my financial contribution to the house and the monthly payments. Before I left we both signed a piece of paper that stated the amount I had originally put into the addition and that its "under negotiation." We don't know what its worth.
As you can expect, she doesn't want to work with a mediator or lawyer. It's a considerable sum.Funny thing too is now she wants me to rip up the paper we just signed.
Besides going to a lawyer, what else can I do to ensure we address the amount fairly? What other recourse do I have? thanks
2 Answers from Attorneys
"Besides going to a lawyer"? I appears that your rights will only be fully protected if, indeed, you do go to a lawyer.
The determination of the value of your contribution to this real estate, and her counter claims for amounts she believes you are not entitled to receive, will ultimately lead you to an impasse. Engaging an attorney early might avoid a protracted stallmate in which neither you nor she is satisfied with the result or able to move pass this in order to continue your respective lives.
Alternative Dispute Resolution (ADR) is available to resolve parties' disputes. Mediation and binding or non-binding arbitration is the essence of ADR (google these). You can engage valuation experts (appraisers, CPA's, and contractors to assist in the process.)
This Office often assists in resolving real estate disputes. Initial phone consultations are often free. Good Lucvk.
You may both save a lot of time, money, and heartache, if you are able to come to some agreement as to the value of your contributions. However, coming to an agreement will only be possible if she has the money and the ability to pay you back your contribution. The house may need to be refinanced or sold in order for the parties to resolve this issue. Please do not hesitate to contact my office.
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