Legal Question in Family Law in Massachusetts

I am divorced and still remain on a house deed with my ex. I am indemified of the mortgage and in 6 years when my daughter turns 18 I will get money from the house.

( mediation agreement)

My ex wants to refinance and wants me to sign over a deed to her. and she will get a new mortgage without my name on it. I am hesitant to do this, because I believe as long as the mortgage remains as is and me on the deed I have assurrance of getting my money from the house. Is that correct.


Asked on 11/10/09, 12:29 pm

2 Answers from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

That is your best bet. When she refinances the house she should pay you off if you transfer the deed to her.

Nicole

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Answered on 11/15/09, 12:41 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Your question is unclear, and Nicole's answer assumes facts. You need to deal with this in both a financial and legal manner.

I would not rush to do this until the agreement and the terms of the mortgage/deed are discussed. Without your name on the deed, you become an unsecured creditor.

Call me with any questions at 978-749-3606

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Answered on 11/15/09, 1:18 pm


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