Legal Question in Real Estate Law in Massachusetts

More information is needed before giving an adequate answer.

First, you should immediately contact a divorce attorney and one who can help you with the 209A. If you need a referral for someone, I would be happy to make one for you.

Second, I am going to assume that your father paid for part of the home and is on the mortgage and note with you, not just as guarantor.

Third, I am going to assume the home was purchased prior to your marriage.

Fourth, I am going to assume that it is a single family home and not a multi-family.

Your father has the right to force the sale of the home or demand you and your wife enter into a lease, so that the mortgage is paid. ( I assume he does not live there).

Your wife has a right to claim the home as a marital asset, but not your entire interest assuming you purchased the home prior to marriage.

However, much more information is needed to give you any real advice. I suggest you contact a divorce attorney immediately.

Retain an attorney to represent you in contesting the 209A and perhaps in filing a divorce in which you can better litigate your respective rights to ownership of the home. Good Luck!