Legal Question in Real Estate Law in Massachusetts

House sale
hi...i have supported my wife over the last two years with her mortgage paperments (sending her $40,000)while i was in the uk awaiting my K3visa..on arriving in the us sept07...she through me out 6 times in between jan08 to june08 for paying her mortgage late and now have an apartment..she is now selling the house but i am not on the mortgage....do i have any legal claim to the finances i sent her??

Asked on 10/15/08, 2:09 pm

3 Answers from Attorneys

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

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Re: House sale

If she is your wife, this is a marital asset. The only claim if your name is not on the deed, is by filing for divorce.

Answered on 10/15/08, 6:01 pm

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Gregory Casale Gregory Casale Attorney At Law

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Re: House sale

The question that you have is really more directed to a Family Law/Divorce Law Attorney. You should seek the counsel of a very good divorce attorney. What you are talking about is really a division of marital property. You do not mention if your name is on the deed, only that it is not on the mortgage. If it is on the deed, then she cannot sell the property without your signature. If you are not on the deed, then she may do as she pleases with the property. I would imagine that a divorce court would certainly take into account the $40K that you provided. However, you should act quickly if you are not on the deed before she sells the house and spends the money before you can attach it or freeze it somehow.

Answered on 10/15/08, 2:18 pm

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