Legal Question in Family Law in Massachusetts
The house I owned with my ex husband recently was sold at a foreclosure auction. According to our divorce agreement four years ago, he was to keep the house and be responsible for all mortgage payments and refiance to remove me from the deed and mortgages within one year or if unable, to sell. He failed to do either. He defaulted on the payments and walked away. We had been trying to shortsale but did not succeed. My name was on both mortgages but the second mortgage is in my name only. Do I need to file bankruptcy? Since he breached our divorce agreement can I take him to court to make him responsible for any defiency? I was laid off and am still unemployed.
3 Answers from Attorneys
Assuming you are being sought to pay the deficiency on the mortgages you have two options:
1. File a contempt action against him for failing to comply with the divorce agreement; and
2. file bankruptcy to clear the debts owed by you.
You need to contact an attorney ASAP to deal with matters.
He may be in contempt of judgment. However, without reviewing your separation agreement, I really can't provide an asnwer.
It is a shame that you waited so long to do something about your ex-husband's contempt. The harm to your credit has already been done, but there is something you can still do about it. If there is a deficiency for which you are liable, you may be able to bring a complaint for contempt. You can also speak with a bankruptcy attorney to determine whether bankruptcy protection is available or advisable. You will actually need to connect with an attorney to go over your situation in detail. Good luck!
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