Legal Question in Family Law in Massachusetts

Property question:

I am wondering if I am reading this correctly. I am trying to file for an uncontested divorce from my husband. He is willing to give me our marital home in the settlement, and my mortgage company will allow me to take him off the mortgage once it is final. My concern is that he bought a home on 4/14/2006 prior to our marraige on 10/28/2006. Am i in any way financially responsible for that home. My name is not on the deed or mortgage. I found this law so I am hoping this will cover me if that home goes into foreclosure.

PART II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

TITLE III. DOMESTIC RELATIONS

CHAPTER 209. HUSBAND AND WIFE

GENERAL PROVISIONS

Chapter 209: Section 7. Married woman; liabilities

Section 7. A married woman shall not be liable for her husband�s debts, nor shall her property be liable to be taken on an execution against him. But a married woman shall be liable jointly with her husband for debts due, to the amount of one hundred dollars in each case, for necessaries furnished with her knowledge or consent to herself or her family, if she has property to the amount of two thousand dollars or more.

What exactly does this mean? Also, is there a way to take him off the deed prior to the mortgage? How do I go about that?

Thank you,

M. Hudson


Asked on 6/29/10, 12:54 pm

3 Answers from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

Your financial responsbility with regards to any property that either you or your husband owns should be addressed in your separation agreement which will have to be filed with your joint petition for a 1A divorce (uncontested divorce). This includes the property that he purchased prior to the marriage. Even if you agree on the how the marital property (both personal and real property) is to be divided, this should all be addressed in an agreement just as all assets and debts should be disclosed on financial statements that you and your husband will be required to file with your joint petition documents and the separation agreement.

In order to get your husband off of the deed of the home you both of you have title to, you would need to have a deed prepared and signed by both of you and subsequently recorded with the appropriate county registry of deeds.

I suggest that you consult with an attorney prior to filing and finalizing your divorce, as ammending the terms of a divorce agreement with regards to the marital estate and division of property is almost impossible and only allowed in extremely small number of cases.

If you are interested in a free consultation please contact me at 617-523-3200 or via email at [email protected].

Thank you,

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Answered on 6/29/10, 7:58 pm

Since you are not on the deed currently and you are not a signatory or guarantor of the note from the Mortgage Company, you have no current obligation to the lender in the event of a foreclosure.

However, once you take title and put your own mortgage on the property you will have an obligation and be responsible for the home.

Any agreement for a divorce (Separation Agreement) should address such issues as property ownership, division of joint property, retirements, alimony (if any) and child support (if applicable).

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Answered on 6/30/10, 7:43 am
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to represent you in your divorce and explain the dtails of this situation based on facts specific to your situation.

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Answered on 7/01/10, 8:05 am


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