Legal Question in Real Estate Law in Massachusetts

homeowners

i bought my house with my husband before we were married. the mortgage is still in my maiden name. i think i am being sued for something that happened 10.5 to 11 years ago. people are saying that this person is getting our house and cars. how can he get the house if it is half my husbands. i was also told that my house is marital property and he cant get the house because i did not have the house when this incident occured. by the way he did something to me and is now turning it around and they are buying it. how can somethin that has a statute of 3 years be allowed to go through now. please help!


Asked on 12/28/02, 12:56 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: homeowners

If you are the only defendant in the suit, the plaintiff (person filing) can only attach assets which are in your name only. You should file a Homestead Declaration at the Registry of Deeds in the county where the home is located. The Homestead will protect up to $300,000 of equity in the house (for both you and your husband). As long as the homestead is filed prior to any attachment filed by the plaintiff, then this would protect your equity up to $300,000. The equity is the value of the home less any mortgages.

Once a judgment is entered against you (after a trial), the person holding the judgment can then seize (and sell) assets to satisfy the judgment. A proper homestead declaration can protect your house. If a suit is filed, you will need to be served with a copy of the suit and you will be given an opportunity to file an answer to respond the claims and file any claims you may have against the plaintiff.

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Answered on 12/30/02, 11:09 am


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