Summary
In Massachusetts, if both names are on a property deed, profits from the sale are generally shared equally unless a written agreement specifies otherwise. Joint Tenancy usually results in equal shares, while Tenancy in Common may allow for varied shares based on contributions. Non-monetary contributions can be considered in equitable distribution claims, but legal advice is recommended for pursuing such claims. Pro bono legal services are available for women and elders in Massachusetts through organizations like the Womens Bar Foundation and the Massachusetts Senior Legal Helpline.Full Conversation
Selling a property in MA. Unmarried couple both names on deed. What are the rights of each person to share profit
In Massachusetts, if both names are on the deed, each person generally has an equal right to the profits from the sale unless otherwise specified in a written agreement.
- Joint Tenancy: Equal share.
- Tenancy in Common: Shares may vary based on contributions or agreements.
Do you have a written agreement specifying the ownership shares?
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Sure, here’s the complete response:
In Massachusetts, if both names are on the deed, each person generally has an equal right to the profits from the sale unless otherwise specified in a written agreement.
- Joint Tenancy: Equal share.
- Tenancy in Common: Shares may vary based on contributions or agreements.
Do you have a written agreement specifying the ownership shares?
No
Since there is no written agreement specifying ownership shares, the default rules apply.
- Joint Tenancy: Each person receives an equal share.
- Tenancy in Common: Shares may vary based on contributions or agreements, but without a written agreement, it typically defaults to equal shares.
Do you know how the property is titled (Joint Tenancy or Tenancy in Common)?
What if one person paid most of the expenses to live there
If one person paid most of the expenses, it could influence the division of profits, especially under Tenancy in Common, but without a written agreement, it's challenging to claim unequal shares. It might be worth discussing with a lawyer to explore potential reimbursement or equitable claims.
Would you like more information on how to proceed legally in such situations?
I can’t see your entire answer
If one person paid most of the expenses, the division of profits could be influenced, especially under Tenancy in Common. However, without a written agreement, it's challenging to claim unequal shares. Consulting a lawyer to explore potential reimbursement or equitable claims is advisable.
Would you like more information on how to proceed legally in such situations?
Are real contributions that have no monetary value considered?
In general, non-monetary contributions (like maintenance, improvements, or time) can be considered in equitable distribution claims. However, the specifics can vary and might require legal intervention to assess their impact on the share division.
Are you thinking about pursuing an equitable claim for those non-monetary contributions?
Thanks!
It seems like there are significant contributions from one party that could potentially influence the division of profits. Consulting a lawyer for equitable claims would be prudent.
Feel free to ask if you need more detailed advice or assistance on next steps!
Pro bono lawyers for women and elders
For pro bono legal assistance, you can contact organizations that provide free legal services for women and elders in Massachusetts. Here are a couple of resources:
Women's Bar Foundation of Massachusetts~
Phone: (*) *-*
Website: www.womensbar.org
Massachusetts Senior Legal Helpline~
Phone: (*) *-*
Would you like information on any specific legal services or assistance with another question?
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