Legal Question in Family Law in Massachusetts

The divorce papers said my ex husband was to get my name off the mortgage (17,000 owed) and off the house. It wasn't a lot to ask considering I gave him the marital home without asking a penny for it. Also didn't request any money from his retirement fund or anything else. He was allowed to keep all the furniture and appliances as well. The year was 2006, and to this day he still owes about the same amount (late payments, missed payments, etc). I've been getting calls from the mortgage company telling ME we're late with the mortgage payment. When I ask him why he hasn't gotten my name off the mortgage yet after all these years, he says he can't get another loan cos of bad credit (probably true). But when I recently asked, Can you take out a loan from your retirement fund to pay it off? He said he could but he doesn't want to do that. It made me furious and now I want to know if I can take him to court and INSIST that he take out a loan from his retirement fund. After all, he signed those divorce papers in 2006 that said he could have the house if he would just take my name off the house and off the mortgage. Sorry this question is so long, but I feel I had to explain the whole situation.

Kathy Hatchfield


Asked on 6/02/11, 2:17 am

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

If your husband failed to do something he was ordered by the court to do, then you should speak with an attorney and file a Complaint for Contempt as soon as possible. If he is unable to get another loan in order to refinance, then the house should be sold. This will continue to be reported on your credit, and the home loan company will look to you for repayment of the debt.

Please feel free to contact my office at 617-357-4898 if you would like to discuss the matter in greater detail. Best of luck.

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Answered on 6/02/11, 5:54 am
Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

Kathy,

As stated in the above answer you can file a Complaint for Contempt for your ex-spouses failure to follow the divorce agreement. The court may award you attorney fees for any work related to the Complaint for Contempt.

You should contact an attorney for help with your situation.

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Answered on 6/02/11, 11:30 am


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