Legal Question in Family Law in Massachusetts

I was divorced in 2006. My ex-husband and I own a timeshare together. During the divorce proceedings I asked the judge if we could discuss the timeshare, to which the reply was 'Can't you two settle this on your own?'.. My response was 'Yes'. This is in the divorce transcripts. We have been unable to settle this, and now I need to take him back to court. My question is- do I need to take him to small claims court, or do I need to go back to divorce court. Our divorce was finalized years ago. Thank you.


Asked on 8/23/10, 6:05 am

1 Answer from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

In order to settle any property settlement issues between yourself and your ex-husband it would need to be brought before the family and probate court. However the division of the marital estate is generally final in a divorce decree. It sound as though you did not ha e an attorney during your divorce proceedings. I strongly recommend that you consult with an attorney this time.

If you are interested in a free consultation please contact me at [email protected] or at 978-276-0777 to schedule a time convenient for you.

Thank you,

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Answered on 8/28/10, 7:33 am


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