Legal Question in Family Law in Massachusetts

real estate

My husband is a recovering heroin addict. He was forced to retire from his job. While living apart for a couple of years (2004) he called from Fl and insisted I buy him out of our home. He wanted only $2500 as he owed fines and would go to jail if not paid. My mortgage co and there Attorney sent him a Quitclaim deed to sign, he had it notorized. He mailed it back to Ma. from Fl.My mortgage co sent me the $ as Husband did not want it all at once..(no bank or permanet address) I have documentation of all monies sent to Husband. I have refinanced twice since then, deed is in my name. I have done $60,000 in capitol improvements, I worked very hard to pay my mortgage and the upkeep of this home was a full time job. Now after 4 years husband is sober. I have been trying to divorce him since 2001. Husband is claiming fraud. He is claiming he never signed quitclaim deed. says he did not know what it was he was signing.

Is this house Mine or is it considered A marritaL asset?

Was I the one who was fooled. My husband stole money and all my and my childrens personal property to support his habit. Now comes his attorney suing me for ALL equity in this home going back to when he left the family in 2001.

Thank you


Asked on 4/23/08, 10:45 am

2 Answers from Attorneys

Re: real estate

Your divorce attorney should be able to resolve this. The Mortgage company provided the deed and sent the funds, ask them to send copies of the cancelled checks front and back.

If you do not have a divorce attorney, get one. There was no fraud here from your description on your part. The isssue will be was he competent at the time. Notwithstanding all this it was a marital home.

Please feel free to contact me if you have more quesitons. I also do some divorce work as well as real estate.

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Answered on 4/23/08, 11:19 am

Re: real estate

Your divorce attorney should be able to resolve this. The Mortgage company provided the deed and sent the funds, ask them to send copies of the cancelled checks front and back.

If you do not have a divorce attorney, get one. There was no fraud here from your description on your part. The isssue will be was he competent at the time. Notwithstanding all this it was a marital home.

Please feel free to contact me if you have more quesitons. I also do some divorce work as well as real estate.

Read more
Answered on 4/23/08, 11:19 am


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