Legal Question in Family Law in Massachusetts
Money owed from my husband's first marriage.
My husband and his ex-wife were supposed to split the profit 50/50 from the family home whenever he sold it. He was currently residing in it when I met him. He had some financial issues keeping up with the mortgage and the home was subsequently foreclosed. We now owe her the money out of our pocket, which we have been paying on monthly and from tax returns, but she claims we are not paying her fast enough. She constantly threatens to take us to court, but this is sensitive as my husband is in the Navy and afraid that this will affect his job. We live in another state and do not have the money to travel and show up for court should she actually follow through. We have paid a good chunk of the bill off in good faith, along with additional funds for my step-childrens extra-caricular activities, daycare and school supplies, and all this in addition to his monthly child support. Any legal advise will be helpful. My main concerns are these: If we are not able to make it to court in Massachusetts, can we prove long distance that we are making payments on the house? How can we protect my husband's job in the Navy; we are afraid there is a possibility of his losing clearance if they find out about the issue. Thank you.
2 Answers from Attorneys
Re: Money owed from my husband's first marriage.
Perhaps you should have the Agreement or Order reviewed by an attorney. If your husband was to split the equity in the home 50/50, and there was no equity, there may not be any money owed.
You might consider retaining counsel here in Massachusetts. My brother-in-law is also in the Navy, and I thank you and your husband for your service.
Re: Money owed from my husband's first marriage.
Is your husband over seas and on active assignment? if so, the court will not require him to appear if she goes to court. Moreover, since he is on active duty the court should allow him deference in dealing with appearances.
I am not sure why the home went into foreclosure, but the first issue depending on the language of the separation agreement is to determine what if anything is owed. As to paying her, the home has not been sold and even if there is an amount due, the issue becomes what is a reasonable period of time to require payment.
I strongly suggest your husband contact an attorney to assist him, either his prior attorney or a new one.
Good Luck.
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