Transfer of Deed - can it be forced in MA?

[rae78]

My ex-boyfriend has not lived in my home for 2 years, nor has paid the mortgage in 5 years, which is as long as we have owned the condo. The mortgage is in my name. I had a new deed written up so that I can sell the property, but he is refusing to sign. What legal rights do I have? Or what are my options?

 

[dee_dub]

You have the right to apply to court for an order for partition/sale of the property. The court will grant you the power to sell the property, and will order that the proceeds be divided equitably. Needless to say, that division can get mucky. But in any case, you can obtain the court's permission to sell the property even if your ex objects. Consult with a real estate lawyer.

 

[rae78]

Follow-up Question

Thank you for your response. Is there a way to force him off the deed if I can't locate him to even sign? I've had a lawyer write letters and I have made numerous attempts at contacting him.

 

[dee_dub]

He has the opportunity to respond to your application for partition/sale, so you have to serve him with notice of your application. If he can't be located to be served personally, you can apply to the court for "substituted service" (it may be called something different in your jurisdiction) whereby service can be effected by posting the papers to the door of his residence, by publication in a newspaper, or some other way that will come to his attention. Consult with your lawyer about this.