Can a Probate Court in Massachusetts Void a Tenancy by the Entirety Created to Avoid a Divorce Mandate?

Question from sd, Can a Probate Court in Massachusetts Void a Tenancy by the Entirety Created to Avoid a Divorce Mandate?

Answer from AI:

In general, a tenancy by the entirety is a form of property ownership that is recognized in some states, including Massachusetts. This type of ownership is typically between married couples and provides each spouse with an equal interest in the property. Upon the death of one spouse, the surviving spouse automatically becomes the sole owner of the property. This is known as the right of survivorship.

However, if a tenancy by the entirety is created with fraudulent intent, such as to avoid honoring a divorce court mandate, it may be subject to legal challenge.

Probate Court and Fraudulent Transfers

Probate courts in Massachusetts have the authority to set aside fraudulent transfers of property. According to the Massachusetts Uniform Fraudulent Transfer Act (MUFTA), a transfer made or obligation incurred by a debtor is fraudulent if it was made with the actual intent to hinder, delay, or defraud any creditor of the debtor.

In this case, if the children of the first marriage can prove that the tenancy by the entirety was created with the intent to avoid the divorce court mandate, they may be able to have the transfer set aside.

Legal Steps to Challenge a Fraudulent Transfer

To challenge a fraudulent transfer, the following steps are typically taken:

1. File a complaint in probate court alleging the fraudulent transfer.
2. Present evidence to support the claim, such as demonstrating that the transfer was made with the intent to avoid the divorce court mandate.
3. If the court finds in favor of the complainant, it may order the transfer to be set aside and the property distributed according to the divorce court mandate.

Consulting with a Legal Professional

This is a complex area of law and it is strongly recommended that individuals facing this situation consult with a legal professional. An attorney can provide personalized advice based on the specific facts of the case and the applicable law.

Please note that this information is a general explanation and should not be taken as legal advice. For more information on tenancy by the entirety and fraudulent transfers in Massachusetts, you can refer to the Massachusetts General Laws and the Massachusetts law about wills and estates.