Legal Question in Family Law in Massachusetts
My husband and I are trying to do an online uncontested divorce. He is willing to give me the home that we are both on the mortgage and deed. We have been separated since January 26, 2010, and he is living at a property he owns in his own name. That property has been in and out of foreclosure status for at least the last year. I have maintained all payments on this property. Will they be able to attach a lien to my property even if it becomes soley mine through the divorce aggreement? What would I have to do to avoid that?
Also, my accountant has suggested that I might want to file married but separate this year but that will reduce my return dramatically. Will that make any difference in the long run for the divorce?
2 Answers from Attorneys
The answer to your question will require a lawyer to examine the proposed divorce decree, the deeds for the properties inovolved, the proposed deeds, the financial statements for the parties and potentially other documents. I recommend that you consult a lawyer before you sign the documents for an online uncontested divorce. Many lawyers (including myself) don't charge for the first appointment. However, given the assets involved and the potential problems, it is probably worth spending some money to make sure you are not making a large mistake by signing these documents.
It sounds like you would benefit from hiring an attorney to help shepard you through this process. You will want to make sure that you properly deal with the home in any separation agreement. I'm not entirely sure what your question is, but it is safe to say that your creditors will be able to place a lien on your property regardless of the divorce. Assuming everything is handled correctly, the property would be safe from his creditors. My firm charges a flat fee to prepare and file uncontested divorces. You and your soon-to-be-ex-husband will have to live with this agreement and arrangement for a very long time, and it is well worth the time and money to get it right. Best of luck.
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