Rockland, MA asked in Real Estate Law for Massachusetts

Q: How to go about taking EX off property, he refused to make mortgage payments for the past 6 years.

I own a home together with my EX partner in Massachusetts who I have a permanent restraining order against, we were never married. We have minor children together. I have been the only one making payments for our mortgage for over 6 years because my EX refused to pay any mortgage payments for 6 years. I explained to our mortgage company and they advised me to seek legal help to take off EX name off and apply to assume the mortgage loan.

How can I get my EX name off the property since I have been the only one paying the mortgage?

Can my Ex name be removed without buying out or selling the property? If we have to do a buy out, can I get all the money/mortgage payments I have paid into the house for the past 6 years? My EX’s attorney last stated that they want the house sold, however we have minor children. Kindly advise. Thank you.

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1 Lawyer Answer
James L. Arrasmith
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A: In Massachusetts, removing an ex-partner's name from a property title, especially when there are disagreements, can be complex. Since both of you jointly own the home, both parties must agree to any changes in ownership or refinancing. If your ex is not cooperating, you might need to take legal action.

One option could be to file a partition action in court. This is a legal way to force the sale or division of property when co-owners cannot agree. However, considering you have minor children and have been the sole contributor to the mortgage, the court may consider these factors in its decision.

Regarding recouping past mortgage payments, this will depend on the court’s judgment and the specifics of your case. While you can request compensation for these payments, it's not guaranteed that the court will grant it.

If your ex's attorney is pushing for the sale of the house, you may need to negotiate terms that are in the best interest of your children and yourself. This could include seeking a larger share of the sale proceeds to compensate for your mortgage contributions.

It's crucial to seek legal advice from a lawyer who understands Massachusetts real estate and family law. They can guide you through the process, help negotiate with your ex's attorney, and represent your interests in court if necessary.

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