Legal Question in Family Law in Massachusetts
If I am divorced and the decree states my ex will keep the house. The bank will not take my name off the house because my ex is not paying on it and now I want to know if I can move back into my house seeing my name is still out it. Our son has decided to stay with me and I need a bigger place and can afford our house but my ex wont move out and letting it get taking by the bank. I want to just move back in but don't know if he can call the police to remove me from the premises?
2 Answers from Attorneys
The only way to remove your name from the loan and mortgage documents is to refinance the loan into your ex-husband's name alone. I have to assume that you were unrepresented in your divorce, because there should have been a provision that - if he is to keep the house - he must refinance the loan into his sole name.
You should take your divorce decree or separation agreement to an attorney right away. Your ex-husband may be in contempt, or he may not be, depending upon what he was ordered to do with the house. You probably have many more months before the bank steps in and takes the house, but you don't want to wait! He cannot have the police remove you from the premises since you still own it.
The only way to get your name off the loan is to have your ex-refinance it.
Without looking at the Separation Agreement or the divorce decree, I cannot tell what your ex's rights are.
However, assuming she took the house and was obligated to pay the Mortgage or refinance within a certain period of years and has not done so, you might have a complaint for contempt of the separation agreement.
If you had legal counsel when you divorced contact him or her. You should contact an attorney to determine all your options.