What Are Restrictions On Transfer Of Property Of Married Persons?
The Homesteads Act defines "homestead" as " residence…occupied by the (married) owner the owner's spouse as their home…" and gives a surviving spouse a life interest in such property.
No homestead property may be transferred or mortgaged by one married person to a third party without the consent of the other spouse, unless a consent to such disposition has been obtained in required form or a court order dispensing with consent has been obtained, which release or court order must be registered in the land titles office in which such land is registered.
Dealing with land subject to the Homesteads Act involves affidavits and formalities that usually require the services of a lawyer.
Other Massachusetts Family Law FAQs
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Q:
What Rights Does A Married Persons Have With Respect To Property?
A: Subject to rights of spouses in real property under The Homesteads Act and provisions of The Family Maintenance Act, or provisions in any prenuptial or … More -
Q:
What is a Separation?
A: A separation exists when a husband or wife ceases to live together with the other of them and it is doubtful if a reconciliation between them is possible. Although it … More -
Q:
What Happens On Separation?
A: On separation all sorts of questions arise involving obligations and possible rights of the husband and wife, including: right to remain in the matrimonial home, … More -
Q:
At What Point Are People Who Live Together Considered By Law To Be Spouses?
A: People of opposite sexes who live together, not married to each other, may be considered spouses: under the Family Law Act, if they have been living together for … More -
Q:
What Rights At Law May Common-Law Spouses Not Have That Married Spouses Have?
A: A commonlaw spouse may not have an equal right with the other spouse to: live in the matrimonial home; an equalization of property acquired during their … More -
Q:
In Any Marriage Or Family Breakdown Situation, Or The Death Of A Surviving Or Sole Effective Parent, How Is It Determined Who Is Entitled To Custody Of Children?
A: The main concern of the courts and authorities operating under the law is what is in the best interests of the children. Factors looked to reach that determination may … More -
Q:
What Determines Accessibility To A Child By The Parent Who Does Not Have Custody?
A: Again, the best interests and needs of the child will govern the decision of the courts and authorities. Similar factors to the ones looked at in a custody question … More -
Q:
Could A Parent Be Prevented From Having Access To A Child?
A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental wellbeing, access could be ordered … More -
Q:
What Might Happen If Both Parents Were Found To Be Either Dysfunctional Or Otherwise An Unacceptable Risk To The Well-Being Of A Child, Or If A Sole Parent Died?
A: Willing and concerned relatives, such as a grandparents or aunt and uncle could request, would be considered and might be appointed guardians or foster parents. -
Q:
Could A Parent Be Prevented From Having Access To A Child?
A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental wellbeing, access could be ordered … More
