Legal Question in Family Law in Massachusetts

You could retain an attorney to repesent you in the divorce who could draft a separation agreement that would deal with the disposition of the marital home along with all the other marital assets.

More important than whose name(s) are on the mortgage, is whose name(s) are on the deed and the method in which title is held in that deed.

Good Luck!

You have a couple of options:

First, you and he could agree together to sell the house without, or prior to, obtaining a divorce.

Second, you and he could decide that you are going to obtain a divorce, and that the disposition of the real estate will be decided together with other assets, debts, and property of the marriage.

Third, and depending upon how the property is titled, one co-owner (you) could file a Petition to Partition in the probate and family court. You would be asking the court to order the sale of the home and divide the proceeds among the co-owners. This is a costly process, and should only be used when negotiations have failed.

The most economical option would probably be to deal with the real estate, together with your other marital property and assets, all at the same time and in connection with a divorce.

If you would like to explore the option of a partition action or a possible divorce, please do not hesitate to contact my office. 617-357-4898.

If you believe that a divorce between yourself and your husband is inevitable you should consult with an attorney immediately prior to making any decisions and discussing all of your options in greater detail.

There are many options with regards to the marital home which is considered part of the marital estate and would therefore be dealt with through the Family and Probate courts during the course of your divorce.

If you are interested in a free consultation please contact my office to schedule a free consultation.

Good Luck!