Legal Question in Family Law in Massachusetts

Re: ex-wife entitled to new home equity

No, she is NOT entitled to it.

Re: ex-wife entitled to new home equity

Dear Sir: As you stated in your decree, you both waived all rights to later acquired property, etc.

Your ex is not entitled to the proceeds that you obtain from the home you acquired with your second wife; as long as, you are current with your child support obligation to her, if so, you should not have a problem. Usually, if you are deliquent in child support, the court can look at your assets to see if you can cure your arrearage, etc.

In any event, it may be wise to have an attorney look over what you have been served with. Good luck!

Sincerely, Maria Murber

Re: ex-wife entitled to new home equity

She is not entitled to anything from the sale of the house, on the facts as you have stated. Without being able to engage in a dialogue with you to clear up any potential issues, the answer cannot be considered definitive.

She is entitled to information about the sale and rollover into a new house to see if she can find evidence that you have more income than you have been reporting. Buying a house and applying for a mortgage tend to encourage people to overstate their income to qualify for a bigger mortgage.

If she does this with regularity and never finds anything, you should ask the court to impose penalties on her and enter an order that she not go into any more fishing expeditions that cost you time and money to defend.