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purchase of real estate without the spouse's consent prior to divorce

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.

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. 

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