Legal Question in Family Law in Massachusetts
divorce
my husband and I have one daughter together she is 12 years .
We have own a house together. My husabnd name is on the mortage and my name is only on the deed. Can I still ask for the home ? Also if there is a second mortage on the home and also in my husband name only who would have to payed that monthly bill? My question is do I have a good chance keeping the home if my name is only on the deed?
2 Answers from Attorneys
Re: divorce
You are an owner of the home and your rights are not inetrferedwith by the mortgage. That said, the only interest in the court will be Equity - how much equity is in the home and how to divide it. If one party retaines the home, they generally have to refinance the property into their name. Contact my office if you wish to discuss the deatils of your situation... the details are usually what dictate the outcome.
Re: divorce
I would be happy to consult with you.
The title of the property does not affect the court's right to award it to either party. If you are awarded the property, you will l9ikely have to ultimately refinance it, though that might not be immediate. issues of debt would be determined along with the division of property. As the prior answer noted, the exact facts are very important to the court and to an attorney advising you.
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