Legal Question in Family Law in Massachusetts

Divorce settlement.
The marital home is up for sale. I have been living in it for 1.5 years paying the whole mortgage and all utilities.

I will be moving out to an affordable apartment, as I can no longer afford to keep up with marital home expenses.

Husband has agreed to move in the house until it sells, provided that I pay half of the mortgage.

Husband's AND my attorney say that I have to pay, because I'm leaving before the house sells (separation agreement reads ''Wife shall stay in the home, and pay utilities until house is sold'').

Why do I have to pay husband half of mortgage? Husband did not help me pay marital home expenses. He only paid child support.

By the way we owe more on the house than what is worth...

Asked on 4/07/08, 9:06 am

Gregory Lee Gregory P. Lee, Attorney at Law

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0 attorneys agreed

Re: Divorce settlement.

You and your attorney should seek further orders. Even if the settlement has gone to judgment, there may be ways to do it.

If you have no attorney, you should get one.

You can also simply point out that foreclosure is a likely even if you do not move. He can take his choice.

Answered on 4/10/08, 8:09 pm

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