Legal Question in Family Law in Massachusetts

The Judge's order as between you and your ex is not binding on the bank/mortgage company since they were not a party to the divorce. You have the option of bringing a contempt in probate and family court action against her for failing to make the payments, or filing a civil lawsuit for the damage to your credit rating. You can still be sued by the lender.

Based on the information you provided your Wife is in contempt of the agreement. If you believe that she has the ability to pay, the Court will most likely Order her to continue payments on the house. If she does not have the ability to pay, then per the terms of your agreement she will be responsible for all debt arising out of the mortgage. If you are unsure how to proceed, you can contact my office at 617-410-6467.

Your wife is in contempt, but you are still obligated on the note and the mortgage. What you want to do, is contact the bank and ask them to take a deed in lieu from you. If they will not and there is a deficiency then you will have to seek a contempt against your wife.

Good luck