Legal Question in Family Law in Massachusetts
In Aug it will be a year since my divorce if final. Our decree states my ex will reside at the house we purchased together and I currently rent an apartment. My ex is behind on the mortgage for the third time and is about to get forclosed on. He did chapter 13 in 2010 for back mortgage and then last year took out mondy from his deferred comp but now 4 months behind again. The bank will not remove my name from the house because he is behind. We have joint custody of our two minor children but the 14 year pretty much lives with me full time. Our 21 now lives with me and her two children do too. Ijust found out he is behind again and would like to have the house seeing I can afford it and need the room. He will not move out so can I move back into the house seeing I still own it? We live in MA
3 Answers from Attorneys
File for modification and contempt, unless you can negotiate a settlement
Whether your spouse is in contempt will depend upon whether he is living up to his obligations under your divorce decree or negotiated separation agreement. Most likely, you will need to file a Complaint for Modifcation. The house either needs to be refinanced, sold, or you should be permitted to move in and pay the mortgage. Because your husband will likely not qualify for a home loan by way of refinance, the house either needs to be sold or (arguably) you should bre permitted to move in and pay for it. Before doing anything, I would be interested to know what the ultimate disposition of the house is to be, i.e. do you split the proceeds when the house is sold? I would be glad to speak with you in greater detail about your options.
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