Legal Question in Real Estate Law in Massachusetts

real estate/quitclaim

Husband loses firefighter job heroin addiction. Leaves home, I dont no where he is for a number of years.I file for divorce in 2001. He calls(in 2004) wants funds for our home, he signs quitclaim deed in Fl I live in Ma. I send him $ in increments at his request. I have documentation.. Now comes husband clean and sober, we go forward w/divorce. Husband finds Attorney who will defend him on a contingency case, now he wants ALL the equity in our home as he is now saying he never knew what he was signing. The Notory in Fl signed an affidavit stating he brought the deed in and he knew what he was doing he was NOT impaired.His attorney says Because he requested only $2500 he still owns the home, and it is still a marital asset.I have refid, title company issued the lenders policy. Title is clear. I have put capital inprovments on this home as it was in ill repair.


Asked on 4/24/08, 11:17 am

3 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: real estate/quitclaim

You really haven't asked a question here. Are you currently in litigation? Do you currently have an attorney? Your post indicates that there may be quite a bit of money at stake. If he has an attorney, I would strongly advise that you also hire an attorney in your area.

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Answered on 4/24/08, 11:27 am

Re: real estate/quitclaim

You have not asked a question. You need to hire an attorney in your area to help you with this. As to his relationship with the Attorney being a contingency, that is his attorney's problem.

Get an attorney ASAP. If your current attorney does not know how to deal with this, get another one.

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Answered on 4/24/08, 11:54 am

Re: real estate/quitclaim

I'll assume you have a divorce attorney?

This is an issue that will need to be litigated. I doubt the attorney is being paid on a "contingency" (which refers a percentage of whetever is recovered) rather than on an hourly basis to be recovered from the proceeds of the divorce. This is not uncommon since it happens with frequency (not necessarily in your case) that one party to a marriage will transfer all of the assets into their name prior to filing for divorce.

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Answered on 4/24/08, 12:47 pm


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