If my husbandand I sold our home and he took all of the proceeds from the sale, what are my rights?

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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 10 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.


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