Legal Question in Real Estate Law in Massachusetts

DEEDS marital home

My husband filed for divorce in September and it is still pending.

He is requesting that I stay in the

marital home under the youngest graduates from high school. He wants to remove my name from the deed to the home and just have his name on the deed. We have lived in the home with our 4 children for 20 years.

I would like to know why he may be doing this? My divorce lawyer is uncertain.


Asked on 3/21/08, 9:02 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: DEED marital home

With the facts you provided it is unclear. The settlement of these issues is part of an over-all divorce agreement. Most people in your husband's position do not make this offer. It could be due to depressed real estate markets.

If you have any other questions, please contact me.

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Answered on 3/21/08, 9:50 am

Re: DEEDS marital home

In exchange for what? If you agree to place the deed in his name only, he owns the home and when the youngest finishes college or reaches age 22, he will evict you and sell the home.

It does not sound like a reasonable deal to me without understanding the context of it.

I also assume you are on the Note and the mortgage on the home, so you will be obligated for the debt but released your equity in the home.

I would need more information to make any kind of judgment on the proposal.

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Answered on 3/21/08, 10:05 am


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