Legal Question in Family Law in Massachusetts

That would significantly complicate matters. If you think that's in the works and a divorce is inevitable, it may be wise to file for divorce yourself and have her served as soon as possible. That triggers an automatic restraining order prohibiting the parties from transferring assets. You should consult with an attorney as soon as possible.

I think you seriously want to take steps to prevent a pre-divorce transfer of assets like that from happening.

I think a good argument can be made that the pre-divorce transfer you describe would be viewed as a fraudulent transfer and the Court would be amenable to bringing your wife's share of that asset back into the marital estate. That being said, it is much cheaper and easier to prevent it from happening in the first place, then to spend time and money convincing a court that your wife intended to hide or conceal her share of the house from divorce.

Once a divorce is commenced and a summons served, an automatic restraining order on assets and property goes into effect. A knowing violation of that order - like transferring one half of the marital home - would place your wife in contempt of court.

The fact that you are being confronted with this situation makes me think that you need counsel. Our office would be happy to work with you to file your divorce and have your wife served as quickly as possible.

The advice of the two other attorneys is very good. My only additional comment is that property held by tenants by the entirety (usual manner in which homes are held by married couples) cannot be transferred by only one of the two married couple.