Legal Question in Family Law in Massachusetts
my boyfriend and I bought a house in 2006 while he was still married. He is on the mortgage note but not on the deed. He was on the deed to sign the mortgage papers and then at the closing, the deed was signed over to me. When he gets divorced, is the wife entitled to the house even though he is no longer on the deed?
2 Answers from Attorneys
The answer is that, depending upon the facts, the house - or his interest in it, or the value he received when he transferred it to you - may be considered a marital asset. Your boyfriend should have a lawyer if he is getting divorced, and maybe you should have one too.
The prior answer is exactly on point. You should make sure that your rights are represented. However, where the boyfriend is NOT on the deed, if I read this correctly, you would have to be joined as a party in order to claim your boyfriend's interest in the property. You could be joined under Rule 19 as a necessary party, or (in the better practice) a separate equity action would be filed against you as a person to whom a fraudulent conveyance was made. this would be consolidated with the divorce action.
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