Legal Question in Real Estate Law in Massachusetts

Non-married couple wish to dissolve home ownership

I am very unhappy in a relationship with a man who is happy in it.2 years ago we purchased a home together with no contract on what to do in the event of breakup(DUH!) I feel really stuck in this situation. I really want out even though he does not. When we bought the house,I came up with the $6,000 down payment. He did not even have enough credit to qualify for a Sears charge card! His income,however did help in our securing the loan. I cannot afford this house alone but I do not want to sell it (dreamer right?). He pays the entire mortgage every month and I pay the rest the bills including his personal bills-everything except his car payment which he purchased after our initial agreement. I have been paying about 40% of our total expenses and he 60%. We mortgaged $125,000 less down payment = $118,500. We owe $114,000 on the principal. The house was recently appraised by a real estate agent for $156,000. I firmly believe that because I came up with the down payment and he had no credit when we applied for the mortgage that if we sold the house or if one of us were to buy out the other, my percentage of any capital gains should be higher than his. Am I out to lunch? Please help!!


Asked on 11/30/99, 12:45 am

2 Answers from Attorneys

Re: Non-married couple wish to dissolve home ownership

I assume he doesn't know yet that you want him out.

Do you think he's hoping to get married, now or someday? (Some comedian says that when she wants to dump a guy, she simply starts hinting at marriage ... and they leave skid marks tearing out. But I don't think it's a good gamble, though.)

How much is the monthly mortgage payments ... and how many has he paid (2 years - 24 payments?)?

What is the loan rate and time period, or else just tell me how much of the current payments have been principle and how much interest?

Are you earning 2/3rds of what he's earning?

Do you have good records of all the 'community' payments you've been making, like all your cancelled checks and credit card statements?

You should contact me by telephone @ (617)527-0050. There is an obvious procedure for where to go from here but I don't want to write about it.

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Answered on 12/02/99, 12:05 am

Re: Non-married couple wish to dissolve home ownership

What's happening on this?

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Answered on 1/30/00, 10:39 pm


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