Legal Question in Family Law in Massachusetts
legal separation and jointly owned property
Legal separation - 18 years now, our jointly owned home is up for sale. Separated spouse lives in the home and covers mortgage and taxes. He has major debt issues beyond the 50% ownership asset in his share of home.
Am I responsible for his debts, should the house sell - or do I have legal right to my 50% ownership (since legally separated)?
Can I finalize a divorce very quickly - there is no disagreement there between the two of us at this point? (to protect my 1/2 of assets?)
Thank you for your response.
2 Answers from Attorneys
Re: legal separation and jointly owned property
If your spouse has major debt and those people are coming after him for nonpayment, you had better start a divorce action immediately and get an attachment on that home. If the creditors get there first, you may be out of luck. If you have the attachment and you are ahead of the creditors, then you are entitled to your 50% if there is an agreement as such with your spouse.
No matter what you agree, however, unless you have your attachment, everything is liable to be taken by the creditors.
If you need help with this, let me know. E-mail is a good way to contact me.
: legal separation and jointly owned property
Beside an attachment, you could also file a homestead. If the house is in both names, then the creditors can reach into the asset and attach it.
If there is no disagreement, I would suggest filing a joint petition with the necessary documents. This will expedite your divorce process.
Should you more questions or need assistance, contact me.
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