Legal Question in Real Estate Law in Massachusetts

re: partition action

i bought a house w/ my now-ex-husband in 1990. upon our divorce, i gave up all rights to the house. in 1996, he remarried, bought another house, & offered me back the original house. i moved in in 1996 & took over the payments. i refinanced the house in 2005 w/ a boyfriend (who was a full-time student, had a part-time job that only covered his car payment & car insurance--he added no $ to the household bills). he moved out less then 6 months later, it is now 1 year since he moved out. he told me in april he'd look into signing a quit claim. i now recieved a letter stating he immediately wants me to refinance, to pay him for 'improvements & other considerations', & if i refuse a partition action will be filed. can he be forced to pay the closing costs since he hasn't put any money into this house ever????


Asked on 9/19/06, 6:15 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: re: partition action

I am totally confused.

1. You bought a house with your husband;

2. You deeded the house back to him;

3. YOur husband gave you the house by deed?

4. You moved in;

5. Your boyfriend moved in;

6. Your boyfriend has his name on the deed?

7. Your boyfriend wants money.

What is right or wrong with the above. Please clarify.

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Answered on 9/19/06, 6:35 pm

Re: re: partition action

your question is confusing. I assume when you took back the house, it was signed over to you by your ex-husband and we are talking about your former boy-friend.

There are a great many factual questions that need to be cleared up before anyone can answer your question with any degree to certainty.

In a partition action, the cost of the sale are deducted from the proceeds before disbursement is made.

I suggest you contact an attorney and give him all the relevant facts:

1. Who owns the property now on the Deed?

2. Why is there a second name on the deed and who made the down payment and who paid the mortgage?

3. What is the equity in the home?

If you want you can call me to discuss the matter.

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Answered on 9/20/06, 10:58 am


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