Legal Question in Real Estate Law in Massachusetts

Re: Transferring ownership of a home

You will need the permission of the Mortgage Company to make any transfer of title or change in ownership.

Re: Transferring ownership of a home

Do you have an attorney who is handling your divorce?

You would need to have an attorney prepare a deed transferring the home from you and your husband jointly, to you, individually. I would prepare a deed such as this for a $250.00 flat fee.

You would then need to pay the recording fee and record the deed at your local registry of deeds.

Obviously, you should consider the tax and other consequences of this transaction before going forward.

Furthermore, you should probably transfer this real property in conjunction with a Separation Agreement, and only after the Separation Agreement has been made part of a final divorce decree.

Please contact me if I can be of any assistance.

Re: Transferring ownership of a home

1. Get a copy of your recorded deed.

2. Have deed re-typed. Keep all language the same except:

a) Deed the property from the present owners (you and your husband;

b) To you alone (Check with the recorder of deeds for exact language or stop by a realtor's office).

3. Record your new deed.

Re: Transferring ownership of a home

As Attorney Wood indicated, I would have a deed prepared and recorded, i would also reference that it is part of a divorce action. I also would have a written separation agreement drafted and signed as part of the divorce.

Also you should notify the mortgage company.

If there are children under 18 or in college you need to have child support calculated as well as other items accounted for.