Legal Question in Family Law in Massachusetts
Property
My parents were divorced in 1994 after 27 years of marriage. In 1987 my father's parents, fearing that they would lose their property due to failing health in their old age, signed their home, valued at over $1Million to my father in 1987. At the time of the divorce, my mother agreed to wait for them to die and then sell the house and split the proceeds. Shortly after the divorce, my father transferred ownership back to his parents, who gifted the house to my cousin, who lives there now. My grandparents have since died, and my mother is taking my father to court. He says his parents wanted the house back, and he gave it to him, and there is nothing he can do. What will happen? Can the judge reverse the property transfer? Or is my father going to have to come up with a half million dollard for my mom?
1 Answer from Attorneys
Re: Property
This can be complicated, as you can probably guess. First your mother needs an attorney. Why? This involves technical ;egal issue and is not something that the average person understands. For instance, your mother can petition the court, and file an equitable action seeking aconstructive trust be imposed, wherein she is named as a beneficiary. What does this mean? She asks the court to right a wrong, that a share of the property was promised to her. Her agreement to this juggling act was not give away her right, but as a function of a promise that was made to her. I would suggest that your mother contact an attorney. One of the first issues is to stop any further transfers of the property until, she litigates this matter. This can be done as a lien, or as an injunction.
You can contact me at my office at 978.749.3606, or if you have any further questions, or need assistance.
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