Legal Question in Real Estate Law in Massachusetts
purchasing property though not divorced
i have not lived with my husband for 13 years now.we have not seen or talked to each other for the same amount of time.i am planning to purchase a condo soon and i do not know how to take title to the property when the time comes.i do not want my husbands name on the title.what is the best way for me handle this situation,since i do not have the money for a divorce right now,and is massachusetts a 'community property' state?when thae loan originator asked me if i was married or single i really did not know what to say,so i said separated(even though the separation was never done through the court).all that i know is that for the past 13 years i have been filing as head of household on my tax return.please help.
3 Answers from Attorneys
Re: purchasing property though not divorced
While MA is not a community property state, property acquired during the marriage is subject to claim in the event of a Divorce. Getting a Divorce would make your life easier.
You could create a Trust and take the property as Trustee. This would not be a complete solution however.
Please feel free to telephone me without obligation if you have additional questions.
Re: purchasing property though not divorced
While MA is NOT a community property state, all property acquired during the marriage is considered marital property for purposes of division in a divorce. It would be simpler if you proceeded with the divorce. Otherwise you might consider taking title as trustee of a principal residence trust, Good Luck!
Re: purchasing property though not divorced
This is a little more complicated than an answer would be - you should seriously consider why you have not filed for divorce, so that the purchase you contemplate would be easy!
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