Q: In Massachusetts is there an agreement that can be filed with the courts for the termination of a domestic relationship?
My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from liability on the mortgage. (Refinancing is out of the question). Is there a mechanism we could file stating the division of assets we agree to? We do not have children together and both have been divorced in the past. As long as there is a court approved document the mortgage company can proceed.
A: You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure both courts have jurisdiction. It sounds strange that you need a court order in the first place though, but it may be worth it to retain the mortgage at lower rates (which is why I assume you don't want to refinance).
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