Legal Question in Real Estate Law in Massachusetts

In Massachusetts all property owned by a Husband and a Wife is considered part of the marital estate, regardless of whose name is on the title. If the Parties divorce, only the judge handling the matter will determine what ownership rights if any each Party shall have.

I am unfamiliar with Indian Family Law, however if the last place you and your husband lived together as Husband and Wife was Massachusetts, Massachusetts has proper jurisdiction to litigate your divorce and I would immeditately file a Complaint for Divorce in Massachusetts. Once your complaint has been filed and a summons has been properly served to the opposing party (your husband), an automatic restraining order over the sale or transfer of any and all marital assets is in effect, which means that your husband would be in violation of the restraining order by selling the marital home after being served with the divorce summons.

I strongly recommend you consult with a Massachusetts family law attorney immediately. Our office offers free telephone and in person consultations, contact us and let us know a convenient time for you.

You should contact a MA attorney immediately. First your child if born after your marriage in India is a child of the marriage. If the child was born before the marriage, assuming he is the father, he is still a child of your husband and is entitled to child support under MA law.

I am unfamiliar with family law in India, but you may get more alimony in India than the US. I would contact an attorney in MA. I would seek to require the proceeds of the sale of the home paid into MA Probate court until such time a court for the pending divorce is determined or seek to have the Inidian Court issue an order that all proceeds of the sale of the MA residence be held by that Court or in escrow by a US Title Company.

Contact a MA Attoreny ASAP.

The issue is which court has jurisdiction over the termination of your marriage. It may well be that an Indian court has jurisdiction over some if not all of the matters.