Legal Question in Real Estate Law in Massachusetts

If your name is on the deed still, they can lien the property. If you deeded the property to your wife and simply remained on the loan then the credit card companies do not have the right to lien the property. If you remained on the deed, then they do.

If you have an equity position in the property, your wife can deduct the $15,000 from your interest in the property. If you simply gave her the home, you should have given her a deed and she should have recorded it as part of the separation agreement.

The real estate attorney should be able to clear this up.

Alternative is that you can file for bankruptcy and you might consider that any way if you can't pay the debt you have. I am not a bankruptcy attorney so I can't advise you on that matter.

Good Luck.

I am assuming that you do not have a Declaration of Homestead recorded? This document if recorded at the appropriate County Registry of Deeds would stop credit card companies from placing a lien on your home. Also it is important to know whether a deed was ever recorded at the Registry, transferring all your interest and title in the property over to your ex-wife?

Depending on my above questions, it is very likely that ultimately you will be responsible for paying that debt in order to clear title. If you are unable to settle the debts you owe, you may want to consider Bankruptcy as an option. Without knowing your financial situation, I do not know whether Bankuptcy is an option for you. If you are interested in discussing your situation in greater detail, you can contact me at 617-523-3200. I offer free consultations.

Thank you,