Legal Question in Real Estate Law in Massachusetts
divorce
My husband and I want to get divorced. My question is: if my husband agrees(which he does) to transfer our primary residence to me by transfering the deed into soley my name...is it possible to maintain the original mortgage on that primary residence in both of our names. So I own the home but we are both respionsible for the mortgage. This is extremely important to us to know. I would also like to know if your firm can draw up the agreement for a Dominican Divorce and how dfo we go about that?
Thank you so much for your help
Julia
2 Answers from Attorneys
Re: divorce
Your husband can deed his interest to you in the home but unless you refinance he would still be responsible for the note and the mortgage.
I do not know why you need a Dominican Divorce, if you are both living in Massachusetts. You would file for a divorce here as long as you have lived in MA for six months. The MA divorce would be recognized under Dominican Law. You might need an Apostile of the judgment.
If you have more questions, please feel free to contact me.
Re: divorce
Hello Julia,
Yes, you should be able to transfer the deed to your name alone. That is something that is done by an attorney, as a new deed is drafted, notarized, and then registered at the Registry of Deeds.
As far as the agreement for the divorce, we can also certainly do that as well. I imagine you need it in Spanish. We are bilingual in our offices. You need to come in to our offices so we can discuss what your desires are, and the documents can be drafted.
You can find our contact information at www.eromanlaw.com
Kindly,
Eneida Roman
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