Defendant's Attorney:

Description: Barnstable, Massachusetts real property lawyers represented the Plaintiff and the Defendant in a partition action.


On January 18, 2018, the parties, who never married, purchased property in Sagamore as tenants in common for $489,000. They shared equally in the down payment, mortgaged the property as co-borrowers, and initially shared all expenses related to the home. Months later, in October 2018, Fernandes prematurely gave birth to their daughter. The daughter and Fernandes suffered from medical issues following childbirth, and Fernandes took a six-month maternity leave before returning to work on a part-time basis. From 2019 through early 2020, Fernandes contributed to less than half of the mortgage payments and household expenses. Hooper and Fernandes ended their relationship in December 2019. In May 2020, Hooper refinanced the mortgage and continued making all mortgage payments while Fernandes paid nothing. Fernandes moved out of the property in December 2020, leaving Hooper as the sole occupant.

In January 2021, Hooper filed a petition to partition in the Probate and Family Court. Thereafter, the parties agreed to list the property for sale, Fernandes obtained a referral fee from a broker, the judge authorized the sale of the property, and the property sold for $710,000 on May 25, 2023. Counsel for Fernandes held the net sale proceeds of $269,250.42 in escrow pending a determination by the judge. In June 2023, the case proceeded to a trial, and the judge divided the escrowed funds between Hooper ($145,878.98) and Fernandes ($123,371.44). Hooper appealed.

Hooper v. Fernandes, 23-P-1337 (Mass. App. Nov 18, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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