Legal Question in Family Law in Massachusetts
Marital Home
There is a restraining order against my husband for assault & battery of my 17 yr. old son. 2 weeks after the incident, I filed for divorce. The papers were filed in court on 3/21/08. My husband was not served until 3/24/08 because he denied service two times before they served him. He sold the marital home to his brother without my knowledge & it was recorded at the registry of deeds on 3/21/08. The deed was in my husband's name only. It was purchased on 8/4/00. I was at the closing. We were engaged at purchase & married 2-1/2 mo. later. He refused any downpayment from me and wouldn't put my name on the deed. We lived together 6 years prior to the purchase of the house. There was never a split. Throughout the marriage, my husband insisted on paying the mortgage, insurance and taxes himself. I have paid other bills such as utilities and groceries, housekeeper, etc. We both work full time. He claims the sale of the house is legal and I have no claim to it. The court has ordered that I have the right to sole occupancy of the house until the divorce is finalized. I have sued my husband & His brother for fraudulent conveyance. His brother is now suing me for rent, taxes, insurance & atty. fees. We are in MA. Is this sale legal?
4 Answers from Attorneys
Re: Marital Home
You need an attorney right away. The sale may be legal, but the court can enter relief -- including impleading the brother. You should seek an attorney who practices in your area and knows the local system well in order to get you quickly into Court.
Re: Marital Home
You need an attorney immediately. The home is a marital asset if it was used as the marital residence and the court has the authroity to void the sale. However, if you wait to act, you may find yourself in a position where the sale could be come irreversible and you are left to fight about money rather than a place to live.
Re: Marital Home
You need an attorney immediately. The home is a marital asset if it was used as the marital residence and the court has the authroity to void the sale. However, if you wait to act, you may find yourself in a position where the sale could be come irreversible and you are left to fight about money rather than a place to live.
Re: Marital Home
Contact an attorney immediately and ask the probate court to invalidate the sale. The home was a marital asset. Unless your husband got full market value for the home it was a fruadlent conveyance.
You need an attorney who practices in your area or one who does this sort of thing regularly. If you need assistance, please feel free to contact me.
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