Legal Question in Family Law in Massachusetts
When I was divorced last year, my ex husband and I did not have lawyers. Our agreement stated that he will have the house soley and my name will be removed. We went to a mediator who amended things and the house was one of them and it only states that my ex sells the property he will give me 1/2 the proceeds and if does not sell the house when the youngest child is 18 will sell the house or give me 1/2 the equity in the house. I did not even pay attention to this and the portion of the agreement where it states he will own the house soley was crossed out stating see amendment. Now he is behind on the mortgage by four months and the bank will not remove my name nor will he let me have the hosue to get caught up but yet our son now lives with me full time. We have joint legal and physical custody so I did not go after child support. I didn't because I did not want him to struggle paying the house. Now he isnt paying. Can I amend the decree to get the house and get child support?
2 Answers from Attorneys
You need to get an attorney and file a contempt complaint against your husband. Your husband is responsible for the payments and if he is not making them, he is in contempt. While I need to read the agreement to be sure, I think you could infer that his responsibility is to pay the mortgage and taxes.
You can file a contempt yourself, but I think you would be better-off with an attorney. If you have more questions, please call feel free to call me.
I agree that you should retain counsel and file a contempt against your husband. I think you have been given the same advice by several attorneys. You shoudln't wait any longer, as the house and your credit may be damaged by his failure to make payments. Feel free to contact our office if you would like to schedule a consultation or retain an attorney to represent you.
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