Legal Question in Family Law in Massachusetts
My husband and I were divorced in 2007. We own a house together, which he still lives in. According to the divorce agreement he was to refinance to remove my name from the deed and mortgage within one year or put the house up for sale. It has been two years and he has not refinanced and has not put the house up for sale. My credit is at risk because he has been late on the payments. Is there anything I can do to get my name off the deed and mortgage? Is going to court to get an order to put the house up for sale my only option?
Thank you.
3 Answers from Attorneys
You can attempt, initially, to negotiate with your husband. You have probably already attempted this, but sometimes a lawyer can bring a certain urgency to the negotiations.
If that fails, he should know that you will bring a complaint for contempt in order to enforce the terms of your divorce agreement. Please feel free to contact my office if you would like to discuss the situation in greater detail. 617-357-4898.
Given your former husband's disregard of his obligations pursuant to the Divorce Judgment, your recourse is to file a complaint for contempt. I understand your reluctance to go back to court. However, in this circumstance you have the so called high ground as your former husband will have no defense to a clear & unambiguous Judgment of the court. A contempt procedure also moves much more quickly than what you may have experienced during the divorce process. In general, the time between filing a Complaint & a trail date is less than 2 months. Moreover, if the court finds your former husband is contempt-which seems likely based on the facts which you have provided-the court will order him to pay your counsel fees.
A contempt is the answer. The problem is that property values have dropped.
This should be part of any pleadings.
However, there are defenses your husband can use to any contempt action
Call me with any questions.