Legal Question in Family Law in Massachusetts

Which document controls the house ownership?

The simple answer is that: The divorce decree controls.

You may be raising another issue that is unstated. If you are, let me know.

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.

Re: legal ownership of a home

Both documents are valid, but... Assuming that first he gave you the house and then you got divorced, the divorce decree controls, because it was made and signed by both of you with full knowledge of how the house was owned.

If he owned the house, then you got divorced and the decree said sell the house and split the proceeds, but instead of doing that, he gave you his interest in the home by deed, that is an interesting question. He may have made a gift to you of the house.

But the real question is this: If you agreed to sell and split the proceeds, and you know he gave you the house only for some tax reasons, is it fair that you now try to claim the house is yours? Do you think a judge will actually give you the house under those circumstances?

I would definitely get some legal advice on this one and explain carefully the situation. If you are trying to take advantage of your ex, then you may be looking forward to paying his legal fees and being otherwise penalized by the court.