Legal Question in Wills and Trusts in Massachusetts
if a family member's name has been taken off the family deed and he has paid to have it put back on because it was taking off at the time do to a divorce and there are no other circumstances that would make him not be able to be back on his mother's deed if 1 of the siblings will not sign to have his brother's name put on the deed but 2 of the other siblings are agreeable to signing can the deed be contested
2 Answers from Attorneys
Thank you for your question.
People should not be removed and added to title on real estate casually. Adding someone's name to a deed means that the owners of the real estate have either gifted or sold an ownership interest in the property to the new owner. You cannot generally force someone to gift or sell real estate if they do not want to, absent some promise or other special circumstances. However, it sounds like you removed your name from the deed unlawfully in order to avoid a legal obligation to your spouse and to defraud the court. Your search for compassion and justice may fall on deaf ears as a result of your own conduct.
The short answer is yes it can and probably will be contested. Moreover, as Attorney Vaughn-Martel indicated, you hid an asset from a divorce proceeding. Your ex if she finds out may seek to re-open your divorce on grounds of fraud.
If the one sibling does not agree to adding your name, your other siblings can only convey an interest in their ownership in the property. I suggest you contact an attorney to properly draft a deed so it is not contested. But the 2 agreeable siblings will own 2/9ths each as will you and the one not participating will own 1/3rd.
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