Legal Question in Family Law in Massachusetts
Equity, Judge order, etc.
My ex-husband owns the property where I currently live.
The order allows me to inhabit the property until a certain time.
The home will be sold and equity split.
The order prevents my ex-husband from taking additonal mortgages or loans against the equity of the marital home.
My ex-husband has recently been approved for an equity line against the equity of my home.
This is in violation of the order.
What is the repercussion or what can I do without going to court?
2 Answers from Attorneys
: Equity, Judge order, etc.
If the agreement bars encumbrances like loans, then bring it to your ex's attention.
If he continues, then you should run to court before the loan is approved, and get orders barring him from using the house as collateral.
Do not wait - time is important.
If you need help, please call me.
Re: Equity, Judge order, etc.
Your route is a contempt of court. As this is an economic contempt, your reasonable attorney's fees should be the ex's to pay.
You may also seek pure equitable relieef in the form of an injunction against his using the equity line.
There is nothing here that avoids court.
Please feel free to contact me for further advice.
www.gregleelaw.com
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