Legal Question in Family Law in Massachusetts
Can a judge order me to stay?
Divorce temporary orders say that I can stay in the home and be responsible for all bills associated with it (mortgage, utilities, repairs, etc.) I can no longer afford this, as I'm living paycheck to paycheck, even when receiving the max in child support.
I want to leave the home, as I have found a decent apartment that I can afford. I know that the house is not going to sell right away, and I don't think my soon to be ex can afford the upkeep of the house. I really don't care if the house goes to foreclosure; I need some peace in my life, my kids need a relaxed Mom.
Can the judge force me stay in the home until it sells?
2 Answers from Attorneys
Re: Can a judge order me to stay?
The court cannot force you to stay in the home. However, both parties should do what they can to save the asset (if it -is- an asset; it is possible that you are into negative equity).
You should also consider the possibility of seeking bankruptcy protection.
Re: Can a judge order me to stay?
The Judge cannot force you to stay in the home. He can ask you and your husband not to waste the asset. If you (both of you) cannot afford to keep the home, you should put it up for sale immediately or if there is no equity offer to give the lender a deed in lieu of foreclosure.
If you and your husband do not have at least one attorney representing you that can help you with this I would suggest you contact an attorney ASAP.
Your best alternative may be to file a chapter 13 bankruptcy and try to sell the home or seek a reduction in the mortgage interest.
Good Luck.
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