Legal Question in Family Law in Massachusetts
Divorce and real estate property
A home is purchased by a single person prior to a marriage, and the deed is in their name only. The person subsequently gets married, and then divorced within a relatively short period of time (less than 5 years).
Does the soon to be ex-spouse have any right to stop the sale of the home? Is the ex-spouse entitled to half, or some portion of the profits gained on the sale of the house?
2 Answers from Attorneys
Re: Divorce and real estate property
Soon to be ex-spouse can claim an interest in the realty to the extent they contributed toward its FMV in any way during the marriage. Retain a divorce lawyer who will itemize the respective contibutions of the parties.
Re: Divorce and real estate property
How long did the owner own the home prior to the marriage?
Are there children from the marriage?
Did the spouse work?
Did the H or W or both H&W pay the mortgage during the marriage?
Marital property is frozen upon the filing for divorce.
If the home is deemed to be marital property, the ex-spouse
might get half or some fraction of FMV.
Important to list contributions to the house, both real equity and sweat equity.
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