Legal Question in Real Estate Law in Massachusetts

property

what could I do in this situation?

I explain: I have a bad relationship with my patner and she is coowner in the house where we live, but I am the one who pay the mortgage. Now I want to ge rid of her without selling the house what should I do.


Asked on 5/15/07, 12:17 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: property

You can either buy out the partner, or file an action for partition in probate court.

Should you have questions or need assistance, contact me.

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Answered on 5/15/07, 12:53 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: property

If both of your names are on the deed to your home, one of you will have to agree to buy out the other person's interest in the home.

The other alternative would be to file an action for partition. In any partition, you may be able to get credited with any disproportionate investment (mortgage payments) you have made compared with your partner.

While there would be some costs involved in a partition, it would likely not be as expensive as buying out your partner's interest.

Please do not hesitate to contact me at the following e-mail address:

[email protected]

www.vaughnmartel.com

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Answered on 5/15/07, 1:16 pm

Re: property

The first question I have is who made the down payment?

The Second question is who is on the Mortgage, you or both of you?

The Third question, is if you paid for the home and you make all the mortgage payments, why is your partner's name on the deed and/or Mortgage?

Depending upon the answers to these questions, you may have an option other than selling the house or seeking a Petition for Partition in the traditional sense.

What does your partner pay with respect to househould expenses if any?

Alternatively, you may need or want to make a cash settlement with your partner.

Please feel free to contact me without obligation.

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Answered on 5/15/07, 1:38 pm


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