Legal Question in Family Law in Massachusetts
My husband and I had a short marriage.. under 2 years.. If I have them take the wording "Wife waives all future claims to the property" out of the settlement papers, can I go back to court and sue him for sweat equity in the home for things I had done PRIOR to getting married.. ie, home improvement things like.. landscaping, wiring, sheet rocking etc? He is keeping the marital home as it was in his name only prior to our marriage.
1 Answer from Attorneys
It is really impossible to tell you what the effect of removing one phrase is without reading the agreement in its entirety. A good rule of thumb is that if someone is supposed to do something, pay something, or is entitled to something, you had better put it in writing to make it enforceable. Years from now, a court will likely hold that the division of the real estate was complete and final at the time of divorce. My advice would be to have the agreement reviewed by an attorney.
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