Legal Question in Real Estate Law in Massachusetts
remove unwanted name from deed
I am the sole mortgage holder of my home, but the man who had previously lived with me is listed on the deed. I had been deceived into adding his name in a separate action at the time of the mortgage closing. For all of the time I have owned the house, seven months, I have been paying ALL of the bills. He didn't work, bilked me out of an exorbitant amount of money, lived off my income. I now have a 209A against him and am not sure where he is staying. I would like to have his name removed from the deed. He stated in court that he is entitled to half the equity and will not allow me to re-finance or sell without his permission. I am stuck with this home which is a fixer-upper? How do I proceed? Do I have a case to remove him from the deed without his signature if I provided sufficient facts before a judge?
2 Answers from Attorneys
Re: remove unwanted name from deed
It would be necessary to see your deed to see if your title is as a tenant in common which can be severed by a Petition to Partition in the Probate Court.
JOSEPH M.MURRAY,ESQ.
56 NORTH BEDFORD STREET
EAST BRIDGEWATER, MA 02333-1173
(508) 378-3944
Re: remove unwanted name from deed
Hi -
My name is Len Foy and I am an attorney with Gould & Gould, we have offices in Londonderry NH & Methuen Mass, and I practice law in both Massachusetts and New Hampshire.
Before advising you, I would need to examine the deed by which you took title to the property in question.
If you'd like to fax the deed to me I will be happy to review it and answer a few basic questions about your options, you can fax it to me at (603) 437-8881, "Attention: Len Foy." I'll look it over and then we can speak by telephone. My office telephone number at Gould & Gould is (603) 434-3437.
I hope to hear from you and wish you the best of luck resolving this problem.
Regards - Len Foy
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