Legal Question in Family Law in Massachusetts

Eviction

I am in the process of getting a divorce from ''D'', who happens to have a susbstance abuse problem. I kicked him out of the house in 11/05 when he relapsed. He hasn't paid any child support but agreed to continue paying the mortgage so both our only son (8 yrs old) could stay in the house. Come to find out, he lost it all (hasn't worked since '05) and never made a mortgage payment (his mother did). I also found out that the mother owned the house, my husband never did. In September, her lawyer sent us a notice to quit giving us 90 days...Since I get no financial help from the father (her son) it has been very difficult to find a house comparable to the one we live in. I may need more than 90 days!!! I can't afford to pay my in-laws any $ as I'm trying to save for the down payment. Under these circumstances, do we have any rights? Could we stay longer? Also, during the aforementioned 90 days, my brother-in-law bought the house from his mother...is the original notice to quit issued by the mother and her lawyer still valid even if the property has a different owner or should a new notice to quit have been executed ?


Asked on 12/07/07, 12:00 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Eviction

Mr. Roth is correct: get a divorce attorney, and get this into the probate and family court. This sounds a great deal like a property shell game. A good divorce lawyer should file an equity action against brother and mom to stop any action against you, and/or file a motion to add them as parties without whom the divorce cannot be fully adjudicated.

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Answered on 12/08/07, 11:29 am

Re: Eviction

Under the eviction law, you can get up to 6 months before being evicted. As your husband was not required to pay rent, you can argue you should not as well. You may also have a claim of constructive ownership in the home but more information is needed. It is strange that the grandparents would want to evict their grandchildren.

Moreover, if you do not have a divorce attorney you should get one immediately.

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Answered on 12/07/07, 2:17 pm


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