Legal Question in Family Law in Massachusetts

Property sale

While awaiting a visa to enter the US one verbally agreed for my wifes X to move in with her while he helped with the bills(and to spend time with his child) on the understanding that he would have his finances returned when i arrived if he signed his Interests in the property over to me(deed etc)....of which didnt happen as he filed Bankruptcy shortly after and signed the house over to her .. Meanwhile i supported my wife over the 16mths with her mortgage payments (sending her about $40,000)..On arriving in the us sept07...she threw me out 6 times in between jan08 to june08 for paying her mortgage late even though i still paid both mortgages during these months....she is now selling the house but i am not on the mortgage or the deeds....i am aware that she has 2 mortgages on the property...one being a loan she had prior with her X partner and the other for the house..

If she doesnt make any profit on the sale .. Does the bank have first call on their finances being returned before any other claim including any Interests i may have??....and is there any point in chasing a claim at this point?


Asked on 10/15/08, 7:00 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Property sale

Your claim is to have your wife reimburse you in the divorce process, if there is money available to reimburse you at all. Under the circumstances, you may have a claim for a division of property that gives you something for all of the assistance. However, there has to be money, and you have to have a good lawyer demonstrate what amounts to your wife's bad faith in the marriage.

This will not be the easiest push for you. I urge that you get a good lawyer who will dig hard into the finances.

Your divorce may also affect your immigration status; I would be more worried about this.

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Answered on 10/16/08, 6:36 am


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