Will my husband be entitled to half of our house downpayment that was gifted to me when we divorce?

Additional Information: When my husband and I got married, instead of a having a lavish wedding, my parents gave me money (about $35K) to put towards the down payment on our Natick house that we bought together.  I am now in the early stages of filing for a divorce, will my husband get half of that money? ATTORNEY ANSWER: It largely depends on the length of the marriage.  If your marriage was short term (less than 5 years), then typically the money lent by your parents for the down payment on the house would belong to you.  If the marriage
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What are requirements for an annulment in MA?

Additional Information: I was just married in Milford, MA and now realize it was a mistake. What are requirements for getting an annulment in Massachusetts? ATTORNEY ANSWER: An action to anul a marriage can be brought in the probate court if the validity of a marriage is doubted.  The statutory grounds include incest and bigamy, and do not include mistake, although you could obtain an annulment for fraud, impotency, duress or for other reasons.  If the marriage is valid, then the remedy is to obtain a divorce.
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Can a judge order my husband to sell his stock to pay our mortgage?

Additional Information: My husband and I live in the Boston Metrowest area and are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock? ATTORNEY ANSWER: The Judge will usually determine what assets are in the marital estate.  If the stock is part of the marital estate the judge could order him to sell the stock.
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Can we remain separated indefinitely or do we eventually have to divorce in MA?

Additional Information: I left my husband a couple of years ago and moved out of state (I’m in IL now but we were married in MA). When I moved, we just wanted time apart. It wasn’t a legal separation, just a verbal. We haven’t talked in a long time and I’m not on his health care or anything or vice versa, but I wondered if leaving the marriage constituted abandonment or something like that. ATTORNEY ANSWER: MA is a “no fault” divorce state, so the grounds for divorce are “irretrievable breakdown”.  If your husband still resides in MA and you
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Does a Property Manager have the right to enter a property without the unit owner’s consent?

ATTORNEY ANSWER: Yes, under certain circumstances set forth in the law.  The property manager may enter in accordance with a court order, if the premises appear to be abandoned by the lessee, or to inspect within the last 30 days of the tenancy or after either party has given notice to the other of the termination of the tenancy for purposes of determining any damages to the unit.  The lease should provide for access with notice to inspect, to make repairs and to show the premises to a prospective tenant.
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I have several rental units in Massachusetts. One tenant is causing problems.

Additional Information: My tenant is behind in the rent and is also creating problems with neighbors. When should I contact a lawyer? ATTORNEY ANSWER: Effective property management requires many skills, but at some point, when every other effort has failed, will require an action in court to resolve the issues. When a tenancy has reached that point is a judgment call by the owner. However, early contact with an attorney will ensure that once you decide to proceed with legal action, you understand the significance of each step of the process and that your actions will pass judicial review. We
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How do I get my ex-wife off the deed to my house?

Additional Information: I have been divorced for 9 years and as part of the separation agreement, I got the house.  How do I get my ex-wife removed from my house deed? One of our lawyers was supposed to take care of this but it never happened. I have contacted my lawyer numerous times over the years to no avail. What do I need to do to get this taken care of? ATTORNEY ANSWER: You must have a new deed prepared which transfers title to you.  The deed will need to be signed by your former wife.  Once this is done,
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How do I go about filing for a divorce if I have no contact with my husband?

Additional Information: I separated from husband in 2008 & moved to Charlestown, MA from NY. How can I get divorce if we have no contact? We did not have any children from marriage but I do have a ten year old from previous. We parted in ill terms & I have no way of contacting this man as I do not know where he moved to after I left. How hard is it to get a divorce in the State of Mass? ATTORNEY ANSWER: You will need to file a Complaint for Divorce in the county in which you reside
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Is it better to use a written lease with my residential tenant or rent to them from month to month?

There are advantages and disadvantages to each option, and your choice depends on your goals and plans for the property at issue. A written lease generally locks both parties into the landlord/tenant relationship for a set period of time. It binds a tenant and can offer protections to a landlord, but also gives the tenant the right to remain at the property through the lease term as long as he/she pays the rent on time. Where a landlord is not sure either that the tenant is a good, long-term investment or is considering selling the property, what’s called a tenancy-at-will
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