Legal Question in Real Estate Law in Massachusetts

Buying a House that is in the Family

My fiance and I are looking to buy a house that my father inherited from his mother. If my fiance and I buy this house, my father wants to make sure that if we get divorced, my husband would not be able to go after the whole house or a portion of it during the divorce or if I died. If my fiance and I bought the house, we would both be paying the mortgage and the bills to live in it and keep it up.

1) Should I buy the house before we get married so it will be considered separate property (although the fact that we both are paying the bills for it and the upkeep could change it to marital property)?

2) If we buy it as a couple, how should the title be held: my name only, tenants in common, tenants in entirety, or in a trust?

3) Finally, would a prenuptial agreement just make this issue easier to handle so we could state that I get the house and that he could get compensated for the money he put into the mortgage and bills for upkeep?

My parents want to make sure I am protected since the house's monetary value will be given to me as part of my inheritance once they die. They don't want myself or themselves losing out on money due to the possibility of my divorcing, and then finding out that he is entitled to the house.

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