Legal Question in Real Estate Law in Massachusetts

split up

i own my own home by myshelf i have paid all mortage payments utilities ,tax my girl friend has lived with me for 13 years if she leaves is she intitle to any equity i have in the property


Asked on 7/08/08, 12:57 pm

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: split up

Not unless she can prove a material contribution to its appreciation or an implied contract in reliance upon which she forewent certain finacial opportunities.

It might be advisable to retain an attorney to draft a "separation" agreement to avoid a potential palimony law suit though.

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Answered on 7/08/08, 1:17 pm

Re: split up

Not unless she contributed to the property in some material way. She could make a claim for equity using what is commonly referred to as palimony, but she would have to demonstrate that certain promises were made to her and that had certain financial implications.

You might want to have an attorney draft a co-habitation agreement that defines who owns what and what happens if you seperate down the line.

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Answered on 7/08/08, 2:10 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: split up

I agree with the other attorneys that a cohabitation or domestic partnership agreement is probably in your best interest.

In the agreement, you would define the property of the parties, and agree on how property and debts would be handled in the event of a dissolution of the partnership. It is sort of like a prenuptial agreement for unmarried couples, although even more important, since unmarried persons do not benefit from the laws and equitable property division afforded to married couples.

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Answered on 7/08/08, 2:51 pm


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