Legal Question in Family Law in Massachusetts

First, I'm sorry you lost your father.

At the very least, you will need to update your financial statement for your final divorce hearing and you should probably revise your Separation Agreement in order to explicitly mention and deal appropriately with the house. Whether your husband is entitled to any part of the house is too complicated to go into on a forum like this. But your husband is entitlted to ASK that the home be considered in any division of the marital estate.

Even if it does not change the division of property or spousal support, your failure to mention could come back to haunt you when he makes a claim that "both parties forgot to divide that".

If you would like the assistance of counsel, please feel free to contact our office at 617-357-4898.

I assume you have an attorney who has represented you with respect to the divorce. I also assume you have an executed Separation Agreement.

The real question is how your name was placed on the deed and if it was done as a gift or as part of an estate plan. If no gift tax return was filed, there is a stronger case that your name was placed on the deed not as a present gift but as a way of leaving you the home as part of his estate plan.

You do need to disclose the additional information and should consult with your current attorney. If you do not have an attorney or want a second opinion then contact another attorney for assistance.