Legal Question in Family Law in Massachusetts
Divorce and sale of home.
If my ex-husband's name is no longer on the mortgage, and I sell my home, is he entitled to any money when it is not in the divorce decree?
2 Answers from Attorneys
Re: Divorce and sale of home.
If you are formally divorced, the separation agreement dictates what interest, if any, you ex has.
Re: Divorce and sale of home.
It is unclear what has happened in this case. If the house was dealt with in some way through the divorce, he is left with that. If his name remains in the TITLE (not the mortgage, the DEED), you certainly can't sell without his cooperation. You will need to either a) pay him something, or b) get a Court to declare what should be done (pay him, tell him to climb a tree, sell but hold money in escrow pending adjudication).
This problem requires a specific consultation with an attorney, as the facts are not clear. You should bring the divorce judgment/agreement. Please feel free to contact a lawyer from this website who practices in your local area.
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