My husband and I are considering divorce after 25 years and 2 separations, but have not filed any documents yet. We own 3 houses together with one small mortgage remaining. I just discovered he is hoping to make an offer on a $700,000 property which he has been eyeing for 2 years. Can he do this without my consent? It would surely complicate the property division if we add such an expensive house to our assets and I do not feel he can afford this house and the alimony he would most likely have to pay me. (He does not have $80,000 of disposable income/yr) We have tenants in the other two houses and I do not know if he is planning to sell one or both of them to make this deal possible. Can he do that without my permission? My name is on all 3 of our houses. Do I have any rights prior to filing for divorce, when I suspect he will be advised not to do this? He makes enough money, technically, to qualify for a mortgage on this property, but his company just filed for chapter 11, so I question his timing. I realize he will need a place of his own if we split up, but I do our taxes and understand how much disposable income we have and this house (and a divorce) are not both affordable. We are in our mid 50s.
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Editor's Response
Property purchased during your marriage will be part of the marital estate. Whether he can afford the property or find a lender to back the purchase without your consent and signature is another matter. Given the apparent size of this marital estate, and the complex property division issues involved, I encourage you to find a MA divorce lawyer and discuss the details with her. Good luck.