Legal Question in Family Law in Massachusetts
My boyfriend is not divorced yet. He and I are planning on buying a house. He is gifting me the down payment money. He and (ex) wife have a signed agreement with a mediator separating all accounts. Real estate has been sold and have been living apart for almost a year. Can she legally come after the house (which will be in my name only) or the money he gifted me for the down payment?
Thank you
Dawn
3 Answers from Attorneys
Assuming that the divorce changes into a contested divorce his wife can go after you for the money that he transferred. A signed agreement from a mediator is not final until a Judge approves the agreement and the divorce is final. Once it is final, property division can't be changed. So once the divorce is final, she can't chase you or your house for his money.
I agree strongly with Attorney Pransky in his assessment that you (and your boyfriend) are taking a real risk. Until the divorce agreement is submitted to the Court, is approved by the Court, and the statutory waiting period has run, that money is still part of the marital estate. Honestly, if you are going to be accepting money from somebody, but purchasing the house in your name, you run a real risk of creating confusion over who owns the house down the road. I strongly recommend that you reach out to a real estate attorney - our office or some other - who can help you set things straight in writing from the beginning.
I strongly recommend waiting until after the divorce nisi period ends. Making large transfers like this while the divorce is pending is very risky.