Legal Question in Real Estate Law in Massachusetts

my husband and i are etranged,we are listed as joint tenants on a property we own,I would like to partition for a partion and list my daughter on the deed instead of me .How can i do this?


Asked on 9/17/10, 10:06 am

1 Answer from Attorneys

Generally married couples hold property as tenants by the entirety, not joint tenants. However, assuming you could Petition for Partition, that would not accomplish your goal. The Petition for Partition is an action to force the sale or division of a property. Unless you intend to buy your husband out of the property, there is no reason to file a Petition to Partition.

If however you want to force the sale of the property, that is something different.

Is there a reason your husband would not agree to a deed that replaces you with your daughter?

If there is a mortgage on the property, then you would need the lender's consent to the change in the deed.

If you are concerned that you may predecease your husband and your daughter will not get her share of your property, that is a different situation and needs a better strategy to accomplish your goal.

Without more information, I find it difficult to be more helpful.

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Answered on 9/22/10, 10:34 am


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