Legal Question in Family Law in Massachusetts
My divorce was final a year ago this Aug. The decree states my ex husband will remain in the property we both owner. I live an apartment now. We have joint legal and physical custody of the minor children. My 14 year old pretty much lives with me full time though and our 21 year old and her two children live with me as well now. My name has never been removed from the house and I would like to know if I can move back into the house? He makes more then me and pays no child suppport and he is not paying his bills either though. The house is about to be forclosed on if he does not get caught up. IT is ruining my credit and I can't afford to help him pay the mortgage and pay my rent. He doesn't want me to live there but I don't want the house to be forclosed on either. Do I have any legal right to move back into the house? There is room so I can even have my own room.
2 Answers from Attorneys
I would assume the decree required he pay the mortgage et cetera on the home. I would contact your divorce attorney and file a contempt complaint for his failure to pay child support and his failure to pay the Mortgage.
Is your ex still earning a living? if so, why isn't he paying the mortgage?
If you want assistance, I would be happy to refer you to one of my partners who handles these things all the time.
Thank you for your question.
You should go back into court and seek a finding of contempt against your ex-spouse. You may also seek a modification of your divorce agreement permitting you to reside in and preserve the home.
You should retain counsel, and you should act quickly before the bank decides to commence foreclosure proceedings.
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