Legal Question in Real Estate Law in Massachusetts

Re: real estate through probate court

I assume the paper you wrote said something like, "I will give you the land." Although this might be seen as a gift, I don't think a court will see it that way, because you did not deliver the deed at the time. You just expressed a future intention.

Assuming that's all you did, you likely have not given up your half. Agreements, to be valid, have to have "consideration," meaning a benefit flowing to each side. You got no benefit from that so-called agreement. It was completely one-sided, so it is likely not a binding contract. Since your name is still on the land, when it is sold, you will be entitled to half the proceeds. You should insist that two checks be written --- one to you and one to your ex-husband. (Was there nothing in your divorce about this land?)

If the land is sold, and you cooperate, and a check is written to joint names, he may try to deposit it in his own account. Even if he deposits it in a joint account, he can withdraw the funds immediately.

Right now, he can't do much in terms of selling because your name is on the deed along with his. He needs your cooperation to sell. So you are in a decent position now. I don't think there is anyone in the real estate business who would use that piece of paper to permit your ex to write a deed with only his name. Whoever buys the land will get a bad title. It's just not going to happen.

You should consider contacting a lawyer in NH who does real estate to follow the issue.

Re: real estate through probate court

Was this addressed in the Massachusetts divorce proceedings? If so, that will have to stand, unless those proceedings are reopened. That is, if there was an order of the court requiring you to convey to him, that needs to be addressed in Massachusetts.

On the other hand, if the divorce proceedings did not address this property, and the only thing he has to rely on is the piece of paper, it does seem, like the other response suggests, that the paper is for a gift. (Did he pay you anything for the piece of paper? Did you both pay the taxes, etcetera?)

If the statement was not notarized with all the formalities of a deed where it was executed (e.g., assuming that it was in Massachusetts, before a notary public), it would seem to be an incomplete gift, again assuming that you received nothing in value for the statement. If the property is sold, you would be entitled to your share, less any unpaid expenses which you owed but didn't pay.

Because closings in New Hampshire typically don't involve attorneys, you may not wish to rely upon a title company employee to defend your rights. You would be better off if you have an attorney in NH to protect your interests.

I am licensed in Massachusetts as well as New Hampshire, if you would like to contact my office for an appointment.