Legal Question in Family Law in Massachusetts
Property Distribution
My brother, sister and I will
be inheriting my elderly father's property upon his impending death. My husband and I had our names placed on the deed several years ago in
order to protect my father's assets in case of a nursing home admission. My husband and I are separating. Is he entitled to half of my share of my inheritance because his name is on the deed, if we should divorce? Should I proceed to have his name taken off the deed and can he contest that? Thank you.
2 Answers from Attorneys
Re: Property Distribution
Literally, where there may be no written agreement, then your husband will share in the share of the property. Unless your husband waives his right, signs over his share, or the court imposes a constructive trust, the deed language controls. This is a common problem where assets are transferred but the actual underlying intent is different. You can reach me in my office today or Monday if you have more questions.
Re: Property Distribution
Literally the deed language will control who owns the property. however, that change can be challenged where there was no consideration for the gift of real estate. Clearly, your husband can make claim against your interest regardless of whether his name is on the deed. The problem you and your siblings have, is their name on the deed? if not, then they could be disinherited unless they challenge the transfer.
This is why placing the names of realitives on deeds unless you intend to make a gift must be planned carefully.
If you have additional questions, please feel free to contact me.
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