Legal Question in Real Estate Law in Massachusetts
A petition for partition was filed by my lawyer in Mass. in March 2010. This was for a house I own with an ex domestic partner. We are both on the deed. My name is on the mortgage and I have payed for it in full for the six years we owned the property. Two years ago I moved out & continue to pay the mortgage as she refused. My questions are: (1) how much longer can I expect to wait before the Ma court hears my petition? (2) Is there a reasonable chance I can recoup some of the mortgage payments (100% of them) during the two years I've paid them but not occupied the house? (3) Can I reasonably expect a more advantagous split than 50-50 of the property value, given that I paid 100% of the mortgage for the six years we both owned it? (4) What about my recouping my legal fees from my partner, given that I have repeatedly tried to negotiate with her over the past two years and received no response at any time that didn't involve profanity? (5) The house's condition has declined significantly, as the house is used as a "party pad" by local "partiers" (6) Does she and her new significant other (who does not contribute a dime but enjoys significant assets) get to live there while the court orders the house's sale and real estate agent(s) are trying to show it & sell it to prospective buyers?
2 Answers from Attorneys
I should think your lawyer would want to try and evict your ex partner and her live-in boyfriend. Obviously, the house is worth much less with her inside it, than not. I would probably also, concurrently, seek a declaratory judgment into your rights as a partner in the ownership of the home. Speak to your lawyer. The time frame you describe seems odd. If you can't get in touch with your lawyer, speak to another lawyer.
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These are all excellent questions, but your attorney is in the best position to answer these for you. Generally speaking, if your contributions to the property were far greater than 50%, then you should be demanding a greater share of the equity in the home. I presume your attorney is asking for this. Just because you ask for it, however, does not mean that a judge will grant it.
If your attorney is not available, you may want to consider retaining new counsel. In some cases, an attorney will work on cases such as this on a contingent basis or will defer payment of fees until the property has sold.
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