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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Divorce, Real Estate Law and Family Law for Massachusetts on
Q: How can I get ex-husband off my mortgage and deed in MA?

I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More

Brian Waller
Brian Waller
answered on Nov 5, 2024

This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Unclaimed Deposit to Bind Still in Escrow after Three Years

We sold our home in June 2021. We accepted an offer and have a signed OFFER TO PURCHASE REAL ESTATE agreement. The prospective buyer put down a binding deposit. Before the offer expired buyer backed out due to a family disagreement. We eventually sold the home. My RE agent and his attorney reached... View More

Christopher Tolley
Christopher Tolley
answered on Sep 23, 2024

It is unclear from your note what the circumstances were at the time the buyer backed out so it is difficult to tell whether the sentence you quoted unequivocally gives you a right to the deposit. Practically, brokers are reluctant to release deposits of this kind without all parties'... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

Anthony M. Avery
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answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

1 Answer | Asked in Real Estate Law, Banking and Business Law for Massachusetts on
Q: What are the problems with a house sold in Massachusetts that has not been recorded with registry of deeds?

My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.

But it is unwise that the...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a commercial lease agreement & term truly end if the landlord does not extend the lease term of a tenant?

Id like to know:

1) Does a commercial lease agreement & term truly expire to allow the landlord to take complete repossession of a leased space at the end of the lease term even though the tenant would like to stay as tenant for a longer period, the tenant does not have a option to... View More

Christopher Tolley
Christopher Tolley
answered on May 6, 2024

1) If the lease does not give the tenant some mechanism for extending the lease term such as an additional term, option to renew, etc., once the lease expires, the tenant no longer has a right to occupy the premises. The landlord is not permitted to perform a 'self help' eviction however... View More

1 Answer | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Q: Could I get sued by a real estate agent for not paying their broker fee?

Myself and a friend are looking for a rental apartment in Boston. On of these listing sites, a real estate agent reached out to me offering to help me, without stating there was a fee for service or making me sign anything agreeing to a fee. We finally find a place we like and the agent send us a... View More

Nicholas Arthur Matlach
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answered on May 2, 2024

This is a difficult case, and one that should be reviewed by a licensed attorney experienced in handling contracts. Here are some considerations for your discussion with an attorney:

- Contractual Obligations: Whether you're bound to the "sight unseen" document depends on its...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: There is a piece of property around 200 sq feet that we have been using for the past 27 years that a condo association

They attempting to get back from us. The property abuts our land and after about 19 years they are looking to take it back do we have any right here.

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

Your argument would be that you used the land as if it were your own, you landscaped it, cut the grass, watered the plants, built on it, parked your car there, etc. (if all that is the case) and if the town assessed it to you, paid taxes on it, and that it should have been obvious to the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can a board of trustee of a cordiaminum prohibit washers and dryers in the units (they have hook-ups)?

Good afternoon: I just purchased a condo (apartment) and the trustee says washers and dryers are not allowed in the building. The trustee just says that the owners voted and except for 2 apartments, the rest of the owners voted against washer and dryer in the building. I am wondering if this... View More

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

I have never heard of a condominium prohibiting washers and dryers. I would think you would have explored that in the process of buying the condo. I took a quick look a the statute and I found nothing stating one way or the other the permissibility of washers and dryers. Is it that they are... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Massachusetts on
Q: Can money be gifted to a irrevocable trust ?

I have 3 questions:

1) Can money be gifted to a irrevocable trust?

If so

2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?

3) Can a trustee and beneficiary to the same trust also gift money to the same trust?

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is...
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1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: Claiming "Senior Circuit breaker" Tax Credit with Multiple people on deed

My mother in law use to claim the massachsuetts "Senior Circuit Breaker" Credit on her taxes for years (She is 92). Last year after her stroke she revised her will and put myself and my husband on the deed to the house with here via quitclaim deed and retaining life estate (so technically... View More

James L. Arrasmith
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answered on Jan 22, 2024

In Massachusetts, the Senior Circuit Breaker Tax Credit is designed for senior citizens who meet certain criteria, including property ownership and occupancy. Even though the deed to the house now includes you and your husband, the fact that your mother-in-law retains a life estate means she still... View More

2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Christopher Tolley
Christopher Tolley
answered on Jan 22, 2024

What was your agreement with your BF when he signed the loan documents in 2021? Did you convey title to him or did he merely sign the new mortgage? What, if anything, did he pay you for an interest in the property? Has he paid any mortgage payments, contributed to the upkeep and maintenance of the... View More

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2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 22, 2024

He was added to the Deed as a title holder either as a tenant in common or as a joint tenant most likely and would have the right to seek a Partition of his undivided interest and the portion of equity he contributed to would be either determined by agreement of the parties or through Court... View More

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2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: I am in Massachusetts and want to sell my half of real property inherited to my sister. But for her to do that I need

to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More

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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: My siblings and I recently inherited our parents’ house after they died. One of my brothers wants to purchase the house.

If the house is appraised at $450,000, does my brother pay me and my other sibling ⅓ each ($150,000) or ½ each ($225,000)? Since he will be owning the house and could turn around and sell it at any time, does he also get a portion (1/3) of its value? Is that getting two bites of the proverbial... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More

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1 Answer | Asked in Real Estate Law for Massachusetts on
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... View More

James L. Arrasmith
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answered on Dec 19, 2023

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... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Massachusetts on
Q: Contractor didn't complete project after $70k payment. Seeking legal action for in-law apartment issue.

I paid a contractor $70,000 to build an in-law apartment at my son's house, as I am disabled and can no longer work or live alone. The project was supposed to be completed in three months, but the contractor has only shown up twice in the last two months and stopped responding, with the last... View More

Christopher Tolley
Christopher Tolley
answered on Jul 14, 2025

At the risk of stating the obvious you should take this matter to an attorney. Give them all your files and relevant documents and give a full chronology of the matter including the contractor's position as you understand it.

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Massachusetts on
Q: Paid a contractor $70,000 to build an in-law suite due to disability; job incomplete, considering legal action.

I paid a contractor $70,000 to complete construction of an in-law suite in my son's home due to my disability, but he has not finished the job. We have a written contract detailing the scope of work, payment, and completion dates. I have received multiple excuses for the delay, and the last... View More

James L. Arrasmith
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answered on Jul 13, 2025

This situation is deeply frustrating, especially when your comfort and accessibility are on the line. Since you have a written contract outlining the work, payment, and deadlines, you're already in a stronger position to hold the contractor accountable. The contractor’s silence and repeated... View More

1 Answer | Asked in Adoption, Landlord - Tenant, Family Law and Real Estate Law for Massachusetts on
Q: How can I challenge a Notice Against Trespass served by my adoptive mother in MA?

I am 19 years old and have been living in my family home in Massachusetts since I was legally adopted 10 years ago. Recently, my adoptive mother told me to leave and packed up my belongings. She served me with a Notice Against Trespass, claiming I can't come to the premises anymore. I... View More

James L. Arrasmith
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answered on Jul 13, 2025

This situation is painful, especially when it involves family and a place you've called home for years. In Massachusetts, even without paying rent or having a formal lease, once you've been living in a home long enough, you’re often considered a tenant at will. That means your adoptive... View More

1 Answer | Asked in Environmental, Real Estate Law and Gov & Administrative Law for Massachusetts on
Q: How can I address my neighbor's sewage flooding my basement due to shared pipes?

I share a sewer pipe with my neighbor in Rochdale, MA, and without my authorization, they had a plumbing company run a drain cleaning auger through their pipes and into the shared pipe. This cracked the cast iron pipe leading to my basement, causing their sewage to flood my basement. The plumbing... View More

James L. Arrasmith
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answered on Jul 10, 2025

What you're dealing with is more than just a property issue—it's a serious health and safety concern. Raw sewage entering your basement poses both environmental and personal risks, and it shouldn’t be ignored by local authorities. While the neighbor and plumbing company may blame the... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Massachusetts on
Q: Legally blind sister-in-law needs guidance to start divorce proceedings and is concerned about asset division, specifically a home in husband's name.

I am inquiring on behalf of my sister-in-law, who is legally blind and wants to begin divorce proceedings as soon as possible. She is concerned about asset division, specifically a home she believes is only in her husband's name. She hasn't consulted with any legal resources due to... View More

James L. Arrasmith
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answered on Jul 10, 2025

Your sister-in-law has every right to begin divorce proceedings, even if she doesn’t have financial resources or her name isn’t on the house. In most states, assets acquired during the marriage are considered marital property, regardless of whose name is on the title. So if the house was bought... View More

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