You didn't have to put him on the deed to receive the homestead exemption.
When you placed his name on title, you made it his property. You commingled nonmarital property and made it marital property by placing him on the deed. You have created a presumption that you wanted him to be part owner of the property.
Regarding the mortgage: your parents will have to testify to the agreement. If you have any written agreements between you and your parents, you will have to produce it to your Husband's attorney.
I am sorry that you are going through this, from my reading, it appears that you may have inadvertenly placed your personal property into martial property, please chat with a local attny to go over your option and how best to prove the issues, this can be figure out by a good local attny.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
In a nutshell, your parents need to intervene in your divorce proveedings to assert an Equitable Lien claim The answer to that is very complex and requires a phone conversation. Call me. 561-584-3514.
The court can award property to either party at the court's discretion. Labeling something community or marital versus separate or non-marital can be immaterial to the final distribution of or division of property in a divorce.
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