Legal Question in Real Estate Law in Massachusetts

There are a number of issues here.

Transferring the title to your sole name will not protect it from your husband in the event of divorce. Transferring the title to your sole name also will not ensure that the property passes to your son, unless your estate plan directs the home to your son as opposed to your husband. In the absence of an estate plan, the property will pass under the laws of intestacy, which would likely direct the home to your husband or, possibly, result in a split between you your husband and others.

I strongly recommend that you sit down with an estate planning attorney to make sure that your wishes are carried out.

No, you need to have an estate plan done to ensure your wishes upon your passing. You can contact my office anytime to discuss.

To start at the end: yes, you have to have your husband sign something to transfer the house into your name. The two of you would have to convey the house to you alone and his signature is required.

But if that does happen, it will not be enough to ensure that your son is the sole beneficiary (or that he gets the house). In a case like that, without a will and/or trust, your husband would receive the majority of your estate.

You would benefit greatly from an estate plan. You should sit down with an attorney for a free consultation. I would be happy to meet with you. Please feel free to give me a call at 617-859-8966 or an email at [email protected].