My son and his former girlfriend bought a house together four years ago. She has now left the state and pays nothing toward the mortgage. The house has been up for sale for the past year. What happens if and when the house sells and, if it does not, is there any way to get the house solely in his name as he assumes all financial responsibilities for the house. She did contribute to the down payment. -- (Posted on the Chat Room by Barbara)

 My girlfriend and I bought a house together. We are now spit and I am paying for the mortgage (3-years). How do I get the deed in just my name? I assume I must pay her back her contribution to the down payment. -- (Posted on the Chat Room by Ghost38)

Attorney Lisa Sigman posted the following responses: Barbara, if girlfriend's name is on the deed, you can't sell the property without her signature on the new deed at the sale/closing. The simplest solution is to have girlfriend sign a quit-claim deed to your son. He would then need to refinance to get her name off the mortgage. He can't refinance without her consent/signature, if she is on the deed. If she is not on the deed, and only on the mortgage (this would be unusual, but not impossible) you can sell the property without her consent/signature. If there is any money left after the sale you can return her down payment to her.

If she is on the mortgage, you will need to refinance in order to get her off the documents; if not, a transfer of deed from the two of you, to just you, MAY trigger a "Due on sale clause" that may be included in the mortgage. Although it is unlikely, it is a possibility, therefore, even if she is not on the mortgage, you may also need to refinance. Depending on the state of your relationship (i.e. if you are able to speak with each other) you could draft a simple agreement, much like a separation agreement in a divorce, to determine what each of you receives (i.e. money, the property etc.).  

(For more information or to post a question, visit our Massachusetts Divorce Discussion Forum.)