Legal Question in Real Estate Law in Massachusetts
I am asking a question for a friend of mine. She and her boyfriend purchased a home together 5 years ago. This summer they broke up and he asked her to find somewhere else to live. When they purchased the home together, she put down the larger deposit. Now he is living in the home and has told her that he can't refinance by himself to give her any money. Where does she stand legally?
2 Answers from Attorneys
The amtter can be brought to court to "partition" the property - ie. have the court order the sale.
The boyfriend who is currently in possession of the home had no legal right to order the girlfriend out. The parties should come to some agreement on payment, if at all possible. Assuming the home is title in both their names, and the boyfriend is unable or unwilling to buy out the girlfriend's interest, she will need to bring a petition to partition in the probate and family court. I am able to assist in a case such as this. Please do not hesitate to contact my office. Chris 617-357-4898.
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