Legal Question in Wills and Trusts in Massachusetts

Re: RE: Ownership of Land

The answer is a resounding "yes" and "maybe." Until the deed is changed, you are still an owner of the land. Whetehr the "note" you wrote constituts a valid conveyance or enforcable contract is another issue. More importantly, the timing of this "note" and the date of your divorce and property settlement are extremely relevant. Contact me if you wish to review your case and options.

Re: RE: Ownership of Land

In MA, a valid conveyance of real estate requires that you grant your ownership interest via a deed that is then recorded in the Registry of Deeds in the county where the property is located.

Hence, you are still co-owner of the land. The note you signed has no legal effect.

Re: RE: Ownership of Land

"Legally" your ownership is reflected by the deed and records of the Registry of Deeds or Land Court.

However, this does not end the inquiry. There are equitable principles which may or may not apply, depending upon additional facts. The law of a different state may apply, depending upon where the land is and where the two of you live.

Please note that in a public forum, any comments you make are not protected by attorney client privilege, so you may be better off contacting an attorney to continue the discussion.

Ownership of Land

You now have 3 answers. The best one is by Weicker.

What I would add is that a review of the documents and the circumstances surrounding the agrement is necessary. As you said, the agreeemnt to give your share may be clouded by your emotional situation. While the deed is the best evidence of ownership, your ex can use the agreement to file an action in court to force the decision of who owns your share of the land. You may have some defenses to such an action.

If this situation is being pressed, and if you feel pressured, your best route is a consultation with an attorney.

Unfortunately, there is no second choice.

If you want a detailed analysis of the problem, please contact me.