Legal Question in Family Law in Massachusetts

Does the closing attorney have to pay my debts?

In my seperation agreement from 2005 it states that my ex husband and I are to split all of our marital debts after our home has sold. Our home just sold after 2 long years and we closed yesterday. I have parent plus loans taken out for my daughter which he has to pay half of. These loans are in MY NAME ONLY and not his. I want to pay these loans myself on a monthly basis to help my bad credit score get better (due to our divorce and the terrible housing market, my credit suffered horribly.) My Ex's attorney said that he wants the 'Closing' attorney to pay back these loans with the proceeds from the sale of our home. Do I have to do it this way or can I request that my half of the loans be paid to me since it is in my name only and pay Sallie Mae on my own?

They also want to do this with my car which is in my Ex's name. However; I have been paying for it on a monthly basis and I want to continue to pay on a monthly basis because I only have 3 more months to pay on it.

Please advise, Thank you!


Asked on 10/12/07, 5:42 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Does the closing attorney have to pay my debts?

If the divorce judgment mandates that the proceeds be used to pay these debts, the closing attorney must follow the judgment. If it does not, then you have the right to direct the payment of your proceeds, absent further court intervention.

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Answered on 10/15/07, 7:04 am


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