Legal Question in Family Law in Massachusetts

Re: assests liability

In terms of a divorce, you are no better or worse off, except that he can sell it before you file and you might not be able to get what you would be entitled to.

If you file for a divorce, a stay is ordered preventing either party from selling or giving away any asset until the court orders the division of assets. You are not entitled to the house as such, but to a share in the equity (value minus mortgage and other liens). Negotiation often results in a different result, especially if there are minor children. You would be responsible for mortgage payments only if you were to have the house in lieu of other assets, or to have while the children are growing.

The main advantage to having your name on the deed is that he can't sell or (re)mortgage the house without your signature, and if either of you gets a judgment against you (but not both of you), the judgment creditor cannot force the sale of the property to satisfy the judgment. You would have to have the consent of any mortgagee, and might have to agree to be liable for the mortgage payments along with your husband. Many married couples don't bother with consent, but it can cause problems later on.

These are generalities, and your situation may be different or you may want a different result. Lawyers are trained to get the results their clients want - though not always possible or not what really happens in a case. The judge gets to decide if the two of you don't agree.