Legal Question in Family Law in Massachusetts
Divorce Decree
Our 2002 divorce decree states that the house was to be signed over to me. My ex signed a quit claim and all the necessary paperwork and I refinanced under my name alone. I assumed the mortgage and a debt to my parents who had given us the down payment on the house. We were married 11 years no children and owned the house for 10 years. At the time there was about 100k of equity. My ex signed over the house because he wanted to start a new life with his girlfriend and felt guilty for his affairs. Now 5 years later he says he wants half the equity in the house. No where in the divorce decree does this state he gets anything. I found out he is in financial ruin now. He said a judge would deem it unfair that I got the house and he received nothing. He said he will tell the judge we had some kind of verbal agreement. Can he do this? Is this true?
3 Answers from Attorneys
: Divorce Decree
Personally, I think your ex's position is too little and too late. It almost smells like extortion.
Your ex is entitled to file any action. I am not sure it will be in probate court, but could be in superior court.
THe issue of fairness was decided already. I see it as a none-starter.
Before this gets out of hand, you should contact an attorney.
I am in my office now, if you want to discuss this at 978.749.3606.
Re: Divorce Decree
Your ex's position is a STRETCH. The probate court already decided fairness when they approved the divorce decree and property settlement. Beware that he may file suit just to try and extort a settlement; i recommend you talk to an attorney in advance and be prepared to have his suit dismissed.
Re: Divorce Decree
Property division judgments are final as a matter of law. The only legal mechanism available to him -- a Rule 60(b) Motion -- is unthinkable, as the judge would have to find that you engaged in serious and actionable fraud.
Shake your head in sadness and advise your ex to locate a bankruptcy attorney. If he actually files a motion, please obtain a lawyer who will seek to have your ex mandated to pay the attorneys' fees you incur.
O concentrate in family law matters, and would be happy to consult further. www.gregleelaw.com
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