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Prenup

I am a single mother with one child that has never been married. My ex-boyfriend married another girl and made her sign a prenup. In the prenup he stated that he bought a house for my son and I. If I move, am I entiled to the equity of that house since he said in the prenup he bought the house for us.

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Attorney answers (3)

Reputation Level 15
I do not practice law in Massachusetts, but my answer is based on general legal principles that should apply. For specific legal advice, consult an experienced real estate attorney in Massachusetts.

Generally speaking, rights to real property are based on the information contained in the recorded deed to the property and other liens and documents filed at the recorder's office. Consult an experienced real estate attorney and have her examine the deeds to the property to determine what interests you have, and if they are protected. If you and your ex-boyfriend intended that the house be maintained for the benefit of you and your son, have deeds drawn up and recorded that properly reflect those interests.
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Reputation Level 16
A prenuptial has to be read entirely to be understood. This documents usually details property rights. In general, you are entitled to whatever the document allows, unless there is a defect in the prenuptial's formation or when the prenuptial is exercised. I am unable to understand if the prenuptial is between you and your boyfriend, or between your boyfriend and someone else.

If you need assistance contact me at 978-749-3606.

Reputation Level 14
What he says to the girlfriend and what he says to you are 2 different things, I'm afraid. Who is on title to the house? Who makes the mortgage payments? Are you receiving child support, or is the house his way of handling that obligation? I agree that the writing that he has apparently signed helps your cause if you're trying to prove ownership, but a Deed does it faster and more effectively. You need to get some straight answers from this guy, who it sounds like you're well rid of. Good luck!
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