If my husbandand I sold our home and he took all of the proceeds from the sale, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husbandand I sold our home and he took all of the proceeds from the sale, what are my rights?
I got nothing. We are separated.
Asked on March 4, 2011 under Family Law, Massachusetts
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to immediately seek an accounting of your marital assets and debts. Your husband could not take all of the proceeds if you acquired the home during the marriage or the home is in both of your names and monies were paid towards the care and payment of loans during the marriage. There will need to be an accounting to determine what occurred prior, during and after the marriage. By after the marriage, I mean the date the two of you separated. This date will help determine how much of his and your income is considered separate property, the same with any assets and debts. Seeking legal counsel will be helpful in this situation so you don't lose any of your rights and you can get the court order to order reimbursement. This will help you in the long run because if he still refuses, you can seek a judgment against him and you can garnish his wages and attach a lien to any other property he owns.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.