I want to file for a divorce, but the house that my husband and I live in is not owned by me. His name is on it, along with one of his brothers. I’m concerned that if I file, my husband will transfer his share to his brother and then I assume I will not be entitled to anything. What do I do?
We understand your concern. First, if you file for divorce and your husband transfers property, it would be in violation of the automatic orders. Second, when we commence a divorce action for a client,
we always inquire as to whether or not they want to file a lis pendens. A lis pendens has two parts- a notice that gets filed with the court to alert the court that a document (called a lis pendens) is being filed with the town hall and the document the actual lis pendens itself. It alerts both the town that an action is pending in court and that the property should not be mortgaged or transferred in any way. This will help protect someone in a situation like yours. At the conclusion of your divorce, or at a time that both parties agree to sell the property, the lis pendens can be
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Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.