Legal Question in Family Law in Massachusetts

my friend's husband and her mother share a deed to a house that she doesn't want to keep. her mother also fostered a toddler and now the courts want her to take the child even though she has two of her own. Her mother has been refusing to take care of the child and is now starting to lack on house duties such as help pay for anything; and recently started asking the local school about information on her grandchildren.. She has been asked to get a mental competency check; but she is refusing. She's 60-70 yrs old; my friend can't take care of her and possibly 3 kids, and a house.


Asked on 5/03/17, 9:38 pm

1 Answer from Attorneys

I am not sure what you are asking here. If it is how to evict the mother, that is not a solution as she owns the home. If she is getting divorced, she can agree to let her husband own the home.

Assuming there is no divorce being considered here, then the options are:

1. Get the mother to agree to sell the property

2. File a petition to force the sale of the home

3. File a competency petition and seek guardianship and conservatorship for the mother.

4. Move out of the house and live somewhere else and work out a way to either sell the house to the mother or otherwise get the husband off the mortgage.

My guess is forcing the sale of the house will be the most cost-effective solution.

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Answered on 5/04/17, 7:30 am


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