Legal Question in Family Law in Massachusetts
My wife and I are separated. when we separated we refinanced our home and bought a house for her in her name only. That was two years ago. Her house does not have a mortgage. My house has a mortgage with both our names on it. She now has terminal cancer and wants a quick divorce and wants to leave her house to our two sons and her friends. What are my options
2 Answers from Attorneys
In general, all assets acquired during your marriage are considered marital assets subject to division between the spouses and the rebuttable presumption is that the division would be equal. It does not matter if an asset only has one spouse listed as the owner, as the other spouse is entitled to claim a share. There are also impacts on estate law- if your wife tries to write you out of her will, you have statutory rights. You should consult with an estate attorney, as well as a family attorney to decide how best to proceed. Good luck.
You have several options as stated above. Your situation is dependent on many factors and it is important to look at the total estate. You can contact my office at 617-410-6467 to discuss your options.
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