Category Archives: Family Law

Family Law, Restraining Orders

How 209A Restraining Orders Work in Massachusetts (and What to Do If One Is Filed Against You)

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In Massachusetts, what most people call a “restraining order” is formally a 209A abuse prevention order, named for Chapter 209A of the Massachusetts General Laws. It is a civil court order — but one that carries very real criminal consequences if it is violated. Whether you are seeking protection or you have just been served with one, understanding how a 209A restraining order works is the first step to protecting yourself.

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Watch: Restraining Orders explained by Reeves Lavallee, P.C.

What is a 209A abuse prevention order?

A 209A order is a court order designed to protect a person from abuse by a family or household member, or a partner. The person asking for protection is the plaintiff; the person the order is sought against is the defendant. A judge can order the defendant to stay away, stop all contact, leave a shared home, and more.

Who can get one? The relationship requirement

A 209A order is only available against a family or household member, or someone with whom you have or had a significant dating relationship. That generally means people who:

  • Are or were married to each other
  • Live together now or have in the past
  • Are related by blood or marriage
  • Have a child together
  • Are or were in a substantive dating relationship

If the two people do not have one of these relationships — for example, a neighbor, coworker, or stranger — the right tool is usually a different order: a 258E harassment prevention order, which covers harassment outside of a domestic relationship.

What counts as “abuse”?

Under Chapter 209A, “abuse” has historically meant one of three things:

  1. Attempting to cause or actually causing physical harm
  2. Placing another person in fear of imminent serious physical harm
  3. Causing someone to engage in sexual relations involuntarily through force, threat, or duress

An important 2024 update: Massachusetts expanded the definition of abuse to include coercive control — a pattern of behavior used to intimidate, isolate, or control another person, even without physical violence. This change means more people may now qualify for protection based on non-physical abuse than could before.

How the process works

A 209A case typically moves through two stages.

1. Filing the complaint. The plaintiff files a complaint at the District Court, Boston Municipal Court, or Probate and Family Court. If the courts are closed, an emergency order can still be obtained — police can reach an on-call judge through the statewide Judicial Response System at any hour.

2. The ex parte (first) hearing. The plaintiff appears alone, without the defendant being notified. If the judge finds a “substantial likelihood of immediate danger of abuse,” the court can issue a temporary order on the spot. This first order lasts up to 10 business days. If it is an emergency order issued after court hours, it lasts only until the next business day.

3. Service on the defendant. The defendant is served with the order and notified of the next hearing date.

4. The 10-day hearing. Also called the hearing after notice or two-party hearing, this is the defendant’s opportunity to appear and respond. Both sides can present evidence and witnesses. If the judge finds continued protection is warranted, the order can be extended for up to one year.

5. Extensions. Before an order expires, the plaintiff can return to court to ask that it be extended again. At that hearing, the order can be extended, terminated, or in some cases made permanent.

What an order can require

A 209A order can direct the defendant to:

  • Stay a specified distance away from the plaintiff’s home, workplace, or school
  • Have no contact at all — including calls, texts, emails, gifts, social media, and messages passed through other people
  • Leave and stay away from a shared home
  • Surrender any firearms, ammunition, and firearms license or FID card to police
  • Pay temporary support and follow temporary custody arrangements
  • Refrain from harming or taking a family pet

The court can also grant the plaintiff custody of the children and prohibit the defendant from having any contact with them.

If a 209A order has been filed against you

Being served with a restraining order is stressful, and what you do next matters enormously.

What it means:

  • The ex parte order is in effect immediately, even though you were not at the first hearing.
  • You must comply fully — even if you believe the order is unfair or based on false claims.
  • The order is recorded in a statewide domestic violence registry that law enforcement can access, and it can affect your housing, employment, and custody matters.
  • If the order requires it, you must surrender your firearms right away.

What to do:

  • Do not contact the plaintiff — not by phone, text, social media, or through a friend or relative, and not even to “talk things out.” A single contact can violate the order, and violating a 209A order is a crime.
  • Read the order carefully. Note the stay-away distance and, most importantly, your hearing date.
  • Comply with every term, including any firearms surrender.
  • Obtain a copy of the affidavit the plaintiff filed with the court. You may have to go to the court in person to obtain it.
  • Start gathering evidence for the 10-day hearing — messages, documents, witnesses, and a clear timeline.
  • Get an attorney before the 10-day hearing. That hearing is your chance to tell your side and contest the order, and it is far easier to prevent an order from being extended than to undo one later.

Possible defenses at the hearing may include that the relationship does not legally qualify, that the conduct alleged does not meet the legal definition of abuse, that there is no credible evidence, or that the order is being sought primarily for leverage in a divorce or custody dispute. Gather anything that would refute what the plaintiff claims in their affidavit — photos, texts, emails, witnesses, and more.

Why violations are taken so seriously

Although a 209A order is civil, violating it is a criminal offense. Even a minor or seemingly accidental violation can lead to arrest, prosecution, and a criminal record. If you are charged with violating an order, that criminal matter is separate from the civil hearing about the order itself, and you should seek advice promptly.

Frequently asked questions

How long does a 209A order last? The initial ex parte order lasts up to 10 business days; after the hearing, an order can last up to one year and can be renewed yearly — or can even become permanent.

Will it show up on my criminal record? A 209A order is a civil order, not a criminal conviction, but it is recorded in a statewide domestic violence registry that law enforcement can see, and it will appear on a CARI (Court Activity Record Information) report.

Can someone get an order the same day? Often yes. The ex parte process is designed to provide fast, temporary protection when there is immediate danger.

What if the order is based on false claims? The 10-day hearing is the place to challenge it. Having an attorney present your evidence makes a real difference.

If you are in danger right now

If you are in immediate danger, call 911. You can also go to the court and ask for assistance in seeking a restraining order. For confidential support, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233, and Massachusetts residents can also reach the statewide SafeLink hotline for help and local referrals.

Talk to a Massachusetts attorney

Whether you need protection from abuse or you have been served with a 209A order and need to respond before your hearing, the team at Reeves Lavallee, P.C. can help you understand your options and prepare.

Reeves Lavallee, P.C. · 250 Commercial Street, Suite 450, Worcester, MA 01608 · 508-425-6945

This article is provided for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. For guidance about your specific situation, please consult a licensed Massachusetts attorney.

This article was written by a non-attorney member of the Reeves Lavallee, P.C. staff.

Family Law, Prenuptial Agreements

Do I Need a Prenuptial Agreement? A Massachusetts Guide for 2026

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Prenuptial agreements still carry a bit of an image problem. Many people assume they are only for the wealthy, or that raising the subject signals doubt about the marriage before it has even begun. In reality, a Massachusetts prenuptial agreement — also called an antenuptial or premarital agreement — is simply a contract that lets a couple decide in advance how certain financial matters will be handled if the marriage ever ends. In Massachusetts, that decision carries more weight than most people realize.

Here is the key reason why: Massachusetts does not recognize “separate property” in divorce the way some states do. Under the state’s equitable-distribution statute (M.G.L. c. 208, § 34), a Probate and Family Court judge can divide almost any asset either spouse owns — including property one spouse owned before the marriage, inheritances, and gifts — based on a long list of statutory factors. A carefully drafted prenup is one of the few tools that lets a couple set their own rules instead of leaving those decisions entirely to a judge.

▶ Watch: What is a Pre-nup? — a short introduction to what a prenuptial agreement is and what it can do for you.

What a prenuptial agreement can — and can’t — do

A Massachusetts prenup can:

  • Define what counts as separate property versus marital property
  • Protect a business, professional practice, premarital home, inheritance, or retirement accounts
  • Spell out how property and debt will be divided
  • Set, limit, or waive alimony (within legal limits)
  • Protect children from a prior relationship
  • Clarify each spouse’s financial responsibilities during the marriage

A prenup cannot:

  • Decide child custody or parenting time in advance
  • Pre-set or waive child support — that is the child’s right and is always decided on the child’s best interests at the time
  • Include terms a court would find unconscionable, or that would, in the words of Massachusetts’ highest court, “essentially vitiate the very status of marriage”
  • Enforce non-financial “lifestyle” clauses (who does the chores, weight requirements, and the like), which courts will not uphold

Who actually benefits from a prenup?

You may want to consider one if you:

  • Own a business or professional practice
  • Are bringing significant savings, investments, or real estate into the marriage
  • Expect a future inheritance or come from a family with wealth
  • Have children from a prior relationship whose interests you want to protect
  • Carry significant debt you don’t want your spouse to share
  • Anticipate that one spouse will pause a career to raise children
  • Are entering a second or later marriage

Prenups are not only about protecting one spouse from the other. They also create clarity and predictability, which can reduce conflict and cost if a divorce ever happens.

How Massachusetts decides whether a prenup holds up: the “two-look” test

Massachusetts has not adopted the Uniform Premarital Agreement Act that many states follow. Instead, enforceability is governed by statute (M.G.L. c. 209, § 25) and by case law — most importantly Osborne v. Osborne (1981) and the landmark decision DeMatteo v. DeMatteo (2002).

Under DeMatteo, a court applies two separate reviews, often called the “two-look” test:

  1. The first look — fair and reasonable when signed. The court examines whether the agreement was fair and reasonable at the time it was executed. The bar to invalidate it here is deliberately high: an agreement generally survives unless its terms strip one spouse of substantially all marital rights.

  2. The second look — conscionable when enforced. Even an agreement that was valid when signed can be set aside at divorce if circumstances that arose during the marriage would make enforcement unconscionable — for example, leaving the contesting spouse without enough property, support, or ability to work to support themselves.

That second look is unusual. It means a prenup signed years ago could still be challenged today. In one well-known Massachusetts case, an agreement that was valid at signing was not enforced at divorce because the marital home had fallen into serious neglect and enforcing the prenup would have left one spouse without adequate resources — a change in circumstances beyond what the couple had contemplated.

What makes a prenup more likely to be enforced

Because of the two-look test, how a prenup is prepared matters as much as what it says. Agreements are far more likely to be upheld when:

  • The agreement is in writing, signed, and notarized
  • Both parties make full and fair disclosure of their assets, debts, and income
  • Each party has their own independent attorney
  • Both sign voluntarily, free of pressure or duress
  • There is adequate time before the wedding — an agreement presented the night before the ceremony invites a challenge
  • The agreement includes a clear waiver of the rights each party is giving up

Prenup vs. postnup

Already married and wish you had a prenup? Massachusetts also recognizes postnuptial agreements, which spouses sign during the marriage. The Supreme Judicial Court confirmed they can be enforceable in Ansin v. Craven-Ansin (2010) — but courts apply heightened scrutiny, because spouses already owe each other a duty of good faith. A postnup is a useful option, but it is generally harder to enforce than a prenup signed before marriage.

Prenups, alimony, and protecting your assets

A prenup is one piece of a larger “protecting your assets” picture that also includes how alimony and property division work in a Massachusetts divorce. If you are weighing a prenup, it is worth understanding the alimony framework alongside it, so the two fit together rather than working against each other.

Frequently asked questions

Is a prenup only for wealthy people?
No. Anyone with assets to protect, debt to keep separate, children from a prior relationship, or a desire for financial clarity can benefit.

Can we just download a template and sign it ourselves?
It is risky in Massachusetts. Because of the two-look test, the disclosure requirements, and the value courts place on independent counsel, a do-it-yourself agreement is much more vulnerable to being thrown out when you need it most.

Can a prenup really be thrown out?
Yes — under either the first look or the second look. That is exactly why careful drafting and full disclosure matter so much.

Can we change it later?
Yes, through a properly executed amendment or a postnuptial agreement.

How far before the wedding should we start?
As early as possible. Rushing the process is one of the most common reasons agreements are later challenged.

Talk to a Massachusetts family law attorney

A prenuptial agreement is only as strong as the care that goes into preparing it. If you are considering one — or want a postnuptial agreement reviewed or drafted — the family law team at Reeves Lavallee, P.C. can help you protect what matters while keeping the agreement built to last.

Reeves Lavallee, P.C. · 250 Commercial Street, Suite 450, Worcester, MA 01608 · 508-425-6945

This article is provided for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. For guidance about your specific situation, please consult a licensed Massachusetts attorney.

This article was written by a non-attorney member of the Reeves Lavallee, P.C. staff.

Divorce, Family Law

How Alimony Works in Massachusetts: Types, Duration, and What Recent Court Rulings Changed

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Massachusetts alimony concept: legal documents, fountain pen, reading glasses, and brass balance scales on an attorney's desk in warm light

Few parts of a Massachusetts divorce generate as much worry as Massachusetts alimony. People on both sides tend to arrive with the same two fears: that they will either be denied support they need, or be saddled with payments that never end. The reality sits in between, and it is more structured than most people expect. Massachusetts alimony is governed by one of the more clearly defined frameworks in the country, built on the Alimony Reform Act of 2011 and refined by court decisions since. This guide walks through how it works.

A note before we start: this article is general information, not legal advice, and every case turns on its own facts. If alimony is on the table in your situation, talk with a family law attorney before agreeing to anything.

What Massachusetts alimony is, and what it is not

Alimony is court-ordered support paid by one spouse to the other after a divorce. It is separate from child support, which is calculated under its own guidelines and serves a different purpose. Massachusetts alimony exists to address economic dependence between spouses, not the cost of raising children. In many cases both may be in play at once, and as we will see below, how the two interact has become one of the most important questions in current practice.

Alimony is not automatic. A spouse seeking it has to show economic need, and the other spouse’s ability to pay. Nor is it gender-specific. Either spouse can request it, and either can be ordered to pay.

The four types of Massachusetts alimony

The Alimony Reform Act created four distinct categories under M.G.L. c. 208, § 48. They are not interchangeable; the right one depends on the length of the marriage and the purpose the support is meant to serve.

▶ Watch: The 4 Types of Alimony — a quick walkthrough of general term, rehabilitative, reimbursement, and transitional alimony in Massachusetts.

General term alimony is the most common, and it is what most people picture when they hear the word. It provides ongoing periodic support to a spouse who is economically dependent on the other, and it is most often awarded after longer marriages. Its duration is tied directly to how long the marriage lasted.

Rehabilitative alimony is time-limited support meant to give a spouse the runway to become self-supporting, for example by finishing a degree or re-entering the workforce after years away. It is generally capped at five years, though it can be extended in limited circumstances.

Reimbursement alimony applies to shorter marriages, typically five years or less, where one spouse made financial sacrifices to support the other’s education or career advancement. The classic example is a spouse who worked to put the other through professional school. It is non-modifiable.

Transitional alimony also applies to marriages of five years or less. It helps a spouse adjust to a new lifestyle or location following the divorce, and is limited to three years. Like reimbursement alimony, it cannot be modified.

How long general term alimony lasts

For general term alimony, the law sets maximum durations based on the length of the marriage, measured from the wedding date to the date the divorce complaint is served. Courts count actual months, not rounded years, so the difference between a marriage of nine years and eleven months and one of ten years and one month can shift the outcome by a meaningful margin.

The durational caps under M.G.L. c. 208, § 49 work like this:

  • Marriage of 5 years or less: alimony lasts no longer than 50% of the number of months married.
  • More than 5 but not more than 10 years: no longer than 60%.
  • More than 10 but not more than 15 years: no longer than 70%.
  • More than 15 but not more than 20 years: no longer than 80%.
  • More than 20 years: the court may order indefinite alimony, though it retains discretion to set a fixed end date.

These are ceilings, not starting points. A judge can order a shorter term, and can exceed the limits only with a written finding that doing so is required in the interests of justice, which in practice is uncommon.

The statute also builds in several termination triggers. General term alimony ordinarily ends when the recipient remarries or when either spouse dies. It can be suspended, reduced, or terminated if the recipient lives with another person in a common household for at least three continuous months. And it generally terminates when the paying spouse reaches full Social Security retirement age, a point the law treats as a presumptive endpoint rather than something the payor can be made to work past.

How a Massachusetts alimony amount is figured

The statute provides a guideline: alimony generally should not exceed the recipient’s need, or 30 to 35% of the difference between the spouses’ gross incomes, whichever is less. Courts look at income from all sources, including wages, investment returns, rental income, and business earnings.

In practice, that headline range tells only part of the story today. When the federal Tax Cuts and Jobs Act eliminated the alimony deduction for agreements executed after December 31, 2018, and Massachusetts followed for tax years beginning in 2022, the arithmetic shifted. Alimony is no longer deductible for the payer or taxable to the recipient. Because the original 30 to 35% guideline was written against the old tax treatment, many judges and practitioners now land somewhat lower in practice, often in the rough vicinity of the low-to-high twenties as a percentage of the income difference. The statute has not been rewritten to reflect this, so the gap between the written guideline and everyday practice is something to understand going in.

Beyond the income comparison, judges weigh a broader set of factors under M.G.L. c. 208, § 53: the length of the marriage, the age and health of each spouse, each party’s income and employability, the marital lifestyle, each party’s ability to maintain that lifestyle, and economic opportunities a spouse gave up because of the marriage. Courts can also impute income to a spouse who is unemployed or underemployed.

What recent court rulings changed about Massachusetts alimony

Two appellate rulings have reshaped how support is calculated in cases that also involve children, and they are worth knowing about.

The first is Cavanagh v. Cavanagh. In its 2022 decision (490 Mass. 398), the Supreme Judicial Court held that when a judge is setting both alimony and child support, the judge must run the numbers two ways — calculating alimony first, then child support first — and compare the results before issuing an order, rather than simply picking one method. A later Appeals Court decision in the same case, issued in 2025, reinforced that judges must actually perform both calculations and compare them; skipping that step is reversible error.

The second is Openshaw v. Openshaw. In its 2024 decision (493 Mass. 599), the Supreme Judicial Court expanded what counts as the “marital lifestyle” to include not just what a couple spent, but also what they consistently saved. Where regular saving was an established part of the marriage and post-divorce income is sufficient for both spouses to maintain that standard of living, that saving can be treated as part of the recipient’s need. That broadens the “need” side of the analysis in households that lived below their means.

Taken together, these rulings mean that combined alimony and child support obligations can, in some cases involving children, exceed half of a paying spouse’s gross income, a result that was unusual before. Importantly, these decisions affect the amount of support, not the durational limits, which remain unchanged. They also give judges more room to tailor outcomes to a family’s specific finances, which makes early, careful analysis more valuable than ever.

A few practical takeaways

Most Massachusetts alimony arrangements are reached through negotiation rather than imposed by a judge, which is generally good news. A negotiated agreement lets both spouses shape duration, amount, and termination triggers in ways that fit their circumstances, instead of leaving everything to the unpredictability of a courtroom.

Older orders deserve a second look, too. Alimony judgments entered before the Reform Act took effect in March 2012 are not automatically governed by the new retirement and cohabitation rules, but a paying spouse can still petition to modify them under the general “material change in circumstances” standard.

Online calculators can be a useful starting point for understanding the historical guideline, but they cannot account for the tax changes, the Cavanagh dual-calculation requirement, the Openshaw lifestyle analysis, or the dozens of fact-specific factors a court actually weighs. They are a rough estimate, not a forecast. For related reading, see our overview of the different types of divorce in Massachusetts.

How we can help with your Massachusetts alimony questions

Massachusetts alimony is one of the most fact-dependent parts of a divorce, and small differences in income structure, marriage length, or family circumstances can change the result significantly. The attorneys at Reeves Lavallee, P.C. handle family law matters throughout Worcester County and across Massachusetts, and can help you understand what alimony realistically looks like in your situation, whether you expect to pay or receive it. Contact our office to arrange a consultation.

This article is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Laws change and every case is different. For advice about your specific circumstances, consult a qualified Massachusetts family law attorney.

This article was written by a non-attorney member of the Reeves Lavallee, P.C. staff.

Family Law

Buying a Home Together Without Marriage in Massachusetts

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Buying a home with someone you are not married to can make sense for many reasons. Some buyers want to pool resources to qualify for a larger mortgage. Others want to share expenses or invest. Sometimes the buyers are friends, relatives, roommates, or dating partners. The law does not assume a relationship of any kind. It only sees names on a deed, names on a mortgage, and facts that can be proved. Because there is no marriage statute to fill the gaps, planning is essential before you sign.

This guide explains how unmarried co owners can structure title, allocate costs, plan for disputes, and protect their interests. It also outlines common scenarios we see in practice and the steps that can reduce risk. It is general information, not legal advice. Your situation will have facts that matter. A short consultation can prevent long and costly fights later.

Title choices in Massachusetts

How you hold title controls who owns what, who inherits, and how a sale or buyout works. In Massachusetts the options are the following.

Tenancy in common

Each owner holds a separate share that can be equal or unequal. You might agree that one person owns 70 percent and the other 30 percent because one paid more for the down payment. Each share can be transferred or left by will. There is no automatic inheritance between the owners. If one owner dies, that owner’s share goes to their estate or to beneficiaries named in the will.

Joint tenancy with right of survivorship

Each owner holds an equal share. If one owner dies, the other automatically owns the entire property. This avoids probate for the deceased owner’s share. Joint tenancy is created by clear survivorship language in the deed. Either joint tenant can unilaterally sever the survivorship by conveying their interest, which converts the title to a tenancy in common.

Tenancy by the entirety is not available to unmarried buyers

This form of ownership is reserved for married spouses. If a deed to unmarried people uses that label, the law treats it as a different form of co ownership. For unmarried buyers, the real choice is between tenancy in common and joint tenancy with survivorship.

How to choose

  • Choose tenancy in common when you want ownership to mirror unequal contributions, or when you want your share to pass to your own heirs rather than to the co owner.
  • Choose joint tenancy with survivorship when you want the survivor to own the property automatically, and when equal shares match your intent.
  • If you are unsure, tenancy in common with a written co ownership agreement is often the most flexible route.

Mortgage and financing basics

The note is the promise to repay the loan. The mortgage secures the asset by the lender. The deed is the document that shows who owns the property. Those do not have to be the same people, but the mismatch creates risk.

  • If both buyers sign the note, both are liable for payment even if one moves out later.
  • If only one buyer signs the note but both are on the deed, the lender can still foreclose if the note is not paid. The non borrower owner could lose the property without ever having owed the lender directly.
  • Lenders may require all deed owners to sign the mortgage as security even if they are not on the note.

Before closing, decide who will be on the mortgage and note, who will be on the deed, and how payments will be shared. Get pre approval letters early, and confirm whether your lender allows unequal ownership shares. Keep copies of wire receipts, bank statements, and closing disclosures so you can prove who paid what.

The essential co ownership agreement

For unmarried buyers, the deed is not enough. A written co ownership agreement (or cohabitation agreement) is the single best tool to prevent disputes. Think of it as a roadmap for the life of the property.

Key terms to include:

  • Ownership shares and how you calculated them
  • Who pays the down payment, closing costs, and all recurring expenses such as mortgage, taxes, insurance, utilities, and regular maintenance
  • What counts as a capital improvement and how those costs affect future equity split
  • Occupancy rules, including whether one person may live there alone or sublet rooms
  • Decision making rules for repairs, renovations, and contractors
  • Buyout rights and the valuation method for a buyout
  • The sale process, if you cannot agree on a buyout, including the listing agent, price strategy, and timeline
  • Dispute resolution steps such as mediation before any court action
  • What happens if someone stops paying, disappears, or violates the agreement
  • What happens if one owner dies or becomes incapacitated

A short but comprehensive agreement that captures these points can save you both money and stress. If you already own without an agreement, you can still sign one now.

Protecting your investment after closing

File a declaration of homestead if the property is your principal residence

Massachusetts law allows an owner who occupies the home as a principal residence to record a declaration of homestead. This can protect equity up to a statutory amount from certain creditors. Each qualifying owner should record a declaration. Ask your attorney whether you need separate declarations or a combined filing.

Keep detailed records

Save a shared spreadsheet and a folder of receipts. Track mortgage payments, taxes, insurance, utilities, and repairs. Record who paid and when. Include photos of repairs and improvements, permits, and contractor invoices. Good records make buyouts and settlements straightforward.

Title insurance and homeowners insurance

Review your title policy and make sure both owners are covered. For homeowners insurance, list all owners as insureds where appropriate. Update homeowners coverage when renovations or additions increase value.

Maintenance protocols

Agree on a schedule for routine maintenance. Decide who schedules seasonal tasks, who chooses vendors, and how you will approve larger expenses. Put it in writing so there is no confusion later.

Exiting the arrangement or resolving a deadlock

Life changes. People move, lose jobs, marry, have children, or decide to invest elsewhere. Plan ahead for these exits.

Buyout

One owner can buy the other’s share at a price determined by an appraisal or by a formula in your agreement. The buyer should refinance the mortgage to remove the seller’s liability, or the buyout payment can be escrowed until the refinance closes.

Sale

If neither wants to or can buy out the other, a sale is the cleanest exit. Your agreement should identify the agent, the way you will set the listing price, how you will handle price reductions, and how you will split net proceeds after closing costs and reimbursements.

Partition actions

If you cannot agree on a buyout or sale, Massachusetts law allows a co-owner to ask the court to divide or sell the property and distribute proceeds according to ownership shares and proper adjustments. Partition is the last resort because it is public, slow, and expensive, but it exists to resolve true impasses.

Interim arrangements

During a breakup or deadlock, consider temporary rules for occupancy and payments. For example, if one owner stays in the home, rent credits or use and occupancy charges may apply. Your agreement can spell this out in advance.

Estate planning for co owners

If you hold title as tenants in common, your share passes by will or by the laws of intestacy if you die without a will. A will, health care proxy, and power of attorney are essential, especially if you want your co owner to inherit or to manage affairs for the property. If you hold title as joint tenants with survivorship, your share passes automatically to the other owner at death. That survivorship will control even if your will says otherwise, so choose carefully and keep your deed and your estate plan aligned.

You can also consider a trust that holds the property and defines rights between the owners. This can allow smoother transitions if one owner dies or becomes incapacitated.

Tax considerations to discuss with your advisor

  • Mortgage interest and real estate taxes are often reported on one Form 1098 even when two owners are paying. The IRS generally allows deduction by the person who actually paid, up to legal limits. Keep proof of payment.
  • If the property is your principal residence and you later sell, you may qualify for the capital gains exclusion if you meet the ownership and use tests. Each owner is evaluated individually.
  • If you rent out part of the home, depreciation and allocation rules apply. A tax professional can help set this up correctly at the start.

Common real life scenarios

  • Two friends buy a two bedroom condo. One pays the entire down payment, both pay the mortgage half and half. They choose tenancy in common with a 60 to 40 ownership split and sign an agreement that gives the down payment contributor first option to buy if the other wants out. After three years one owner moves for work and exercises the sale option. The appraisal sets price, the refinance closes, and the buyout is smooth because the terms were clear from day one.
  • A couple in a dating relationship buys a single family home with joint tenancy and survivorship. The relationship ends. Because there is survivorship and there was no agreement, neither can sell without the other, and neither wants to move. After months of gridlock, one files a partition case. The court orders a sale. Both lose time and money they could have saved with a written plan.
  • Siblings inherit funds and decide to invest together. They buy a three family property as tenants in common with equal shares and a detailed agreement. One sibling later wants to cash out. The agreement sets an appraisal, provides a timeline, and allows either a refinance buyout or a sale. They choose to sell and split the proceeds. No lawsuit, no surprises.
  • Two roommates buy a condo. Only one qualifies for the mortgage note, but both go on the deed. They sign an agreement that requires monthly reimbursements and gives the paying owner the right to force a refinance if the other’s finances improve. After one year the non borrower adds income and credit, they refinance into both names, and the risk to the original borrower is reduced.
  • An owner dies unexpectedly. Title was tenancy in common. Without a will, the share passes by intestacy to relatives who never planned to co- own with the survivor. The survivor has to negotiate a buyout with multiple heirs. A simple will and a clear deed choice could have avoided this outcome.

Red flags that increase risk

  • No written agreement, only a handshake
  • a dating relationship with only one name on the deed, despite the person not on the deed making the entire down payment
  • Unequal contributions with equal title and no reimbursement plan
  • Only one person on the mortgage note while both are on the deed
  • Survivorship language included without understanding what it means
  • No plan for temporary occupancy if one owner moves out
  • No record of who paid for improvements and repairs
  • Failure to record a declaration of homestead where eligible

A simple checklist before you buy

  • Choose title: tenancy in common or joint tenancy with survivorship
  • Decide ownership shares and write them into the deed if unequal
  • Confirm who will sign the mortgage note and who will be on the deed
  • Draft and sign a co ownership agreement with clear buyout and sale rules
  • Set up a shared system to track payments and receipts
  • Review homeowners, title, and if needed umbrella insurance
  • Record a declaration of homestead if this is your principal residence
  • Align your deed with your estate plan and beneficiary designations
  • Schedule a legal and tax review before closing

Why planning with counsel matters

When you are not married, the law does not fill gaps for you. Title language, mortgage obligations, and a short agreement do the heavy lifting. Thoughtful planning lets you focus on living and on building equity rather than on conflict. An hour with counsel now can save you months of stress later, and it can preserve your relationship with the other owner, whatever that relationship is.

Talk with Reeves Lavallee PC

Reeves Lavallee PC helps unmarried buyers and co owners across Worcester County plan, purchase, and if needed unwind co ownership in a clear and fair way. We work with lenders, realtors, and accountants, and we draft practical agreements that hold up when life changes. Whether you are about to write an offer, are already under agreement, or already own and want to put protections in place, we can help.

Call 508-425-6945 to schedule a confidential consultation. Bring your lender pre approval, any draft deed or purchase and sale, and your questions. We will give you concrete next steps tailored to your goals.

This post is general information for Massachusetts readers. It is not legal advice. Laws change, and facts matter. Speak with an attorney about your specific situation.

See Also

Family Law

What is Family Law in Massachusetts?

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Navigating the intricacies of Family Law can be a daunting experience. Whether you’re going through a divorce, fighting for custody of your children, or dealing with other delicate family matters, the emotional toll can be overwhelming. That’s where we come in. At Reeves Lavallee, PC, located in Worcester, MA, we specialize in a wide range of Family Law services designed to guide you through these challenging times. Below is an overview of the kinds of Family Law matters we expertly handle:

Key Areas of Expertise

1. Divorce

We guide you through the legal process of dissolving your marriage, ensuring fair property division and alimony arrangements.

2. Child Custody and Visitation

Our team works diligently to secure the best possible living conditions for your children after a separation or divorce.

3. Child Support

We help ensure that both parents fulfill their financial obligations to maintain the well-being of their children.

4. Spousal Support (Alimony)

We advocate for a fair financial arrangement between spouses, both during and after divorce proceedings.

5. Domestic Violence

Domestic violence is a grave issue that can have devastating emotional, physical, and psychological impacts on the victims involved. In Massachusetts, domestic violence includes various forms of abuse—physical, emotional, and psychological—occurring within family or intimate relationships. Legal actions can include restraining orders, criminal charges, and implications in divorce or child custody proceedings.

6. Paternity

We help in establishing the legal fatherhood of a child, often with the assistance of DNA testing.

7. Prenuptial and Postnuptial Agreements

We can assist you in creating legal contracts that safeguard your assets before or during your marriage.

8. Adoption

Our legal expertise extends to the adoption process, helping to create new family bonds.

9. Guardianship

We can help establish legal guardianship for minors or incapacitated adults.

10. Modification of Orders

We assist in making legal adjustments to court orders related to family matters.

11. Annulment

In Massachusetts, an annulment is a legal process that nullifies a marriage, treating it as though it never existed. Unlike a divorce, which ends a legally recognized marriage, an annulment declares that the marriage was invalid from the outset due to factors such as fraud, bigamy, or incapacity. Obtaining an annulment involves a complex legal procedure and requires you to demonstrate specific grounds for making the marriage void.

12. Separation Agreements

We help lay out the terms for a couple’s separation, often as a precursor to divorce.

13. Asset and Property Division

When it comes to divorce, one of the most complex issues is the division of assets and property. In Massachusetts, the courts aim for an equitable distribution, which does not necessarily mean a 50-50 split but rather a fair division based on various factors such as the length of the marriage, the economic and non-economic contributions of each party, and future financial needs. Navigating this intricate process requires the expertise of skilled attorneys.

14. Grandparents’ Rights

The issue of grandparents’ rights can arise in various family law scenarios, including divorce, separation, or when a parent is deemed unfit. In Massachusetts, grandparents can petition for visitation rights, but they must demonstrate that it would be in the best interest of the grandchild and that failure to grant such rights would lead to significant harm.

We can facilitate court-approved arrangements for couples choosing to live apart while remaining legally married.

16. Emancipation of Minors

Emancipation of minors is a legal process that allows a minor to gain independence from their parents or guardians before reaching the age of majority. In Massachusetts, emancipation is not granted lightly and generally requires a showing that the minor is capable of financial self-sufficiency and has a valid reason for seeking emancipation, such as abuse or neglect.

Why Choose Reeves Lavallee, PC?

At Reeves Lavallee, PC, we understand that each family law case is unique and deserves personalized attention. Our experienced and compassionate attorneys are committed to providing top-notch legal representation to residents of Worcester and the surrounding areas.

Take the Next Step: Schedule a Free Consultation

Understanding your rights and options is the first step in any legal process. That’s why we offer a free initial consultation to discuss your specific family law needs. Don’t navigate this complicated landscape alone. Contact us today to set up your free meeting and let us guide you through the complexities of Massachusetts Family Law.