Legal Question in Family Law in Massachusetts

Re: Property settlement

Hi and Thanks for Writing -

My name is Len Foy and I am an attorney in Massachusetts and New Hampshire, I handle legal matters including real estate and divorce, our office telephone is (603) 434-3437, my mobile number is (603) 978-0421, my email address is [email protected].

You and your wife are free to structure the divorce as you wish, and to divide marital property as you see fit, but I'm curious as to why you would choose not to address the most important marital asset of all - which is likely this piece of real estate.

Normally, the parties opt to sell the real estate and divide the gain equally (or pursuant to a more comprehensive scheme of property division). Or, if one party elects to remain in the house, the property is refinanced and the other party is "bought out" with proceeds generated by the refinance. If there is little equity in the home or if there are minor children involved, the economics become less important but still the issue of ownership (and also responsibility for the mortgage payment) is addressed.

I'm sure that you have your reasons, but it's not clear to me from your question as to what they are.

A new deed can be prepared and recorded easily enough, until a new deed is recorded the present title and ownership stands.

If you're interested in discussing these issues with me further, the initial consultation is at no cost or charge.

Regards and Good Luck -

Len Foy