Legal Question in Family Law in Massachusetts

Re: mortgage

This is an area of divorce that many people get into trouble with because they want to leave the marriage so quickly that they don't think of the long term consequences of their current decisions. If you had an attorney during your divorce, I hope that he had recommended you sell or refinance the property.

Since we can't turn back the hands of time, what you should probably do is (1) talk to your ex-husband, if possible, and ask him to refinance in his individual name or if that's impossible then (2) file a Petition to Partition with the housing court in the county where the property is located.

A petition to partition forces a sale of the house by the court. Instead of selling it, you two can negotiate instead to refinance instead. But this is more effective because of the weight of the courts hovering over the negotiation process.

Re: mortgage

I assume that you gave the ex a deed at the time of the divorce. If you did -not-, Mr. Cheong may be on point -- but the ex apparently has the right to -require- a deed of you, based on your question. That could easily trump a petition to partition, as you have already given up your title, in effect, or agreed to do so. Thus, you have no right to seek a part of the property, and so the petition should be dismissed.

Regardless, you probably cannot resolve this through the divorce if it wasn't properly handled for you then. However, I would hope that there are hold-harmless clauses or some such in the divorce papers. I would only be able to determine whether there was a clause that could be leveraged by reading the agreement.

If no clauses help, you may have to offer the ex an incentive to refi, like paying him cash dollars toward closing costs.

If you had a lawyer assisting you, he or she did a poor job for you by not handling this.

A petition to partition is an option if and only if your name remains on the TITLE, and you did not clearly obligate yourself to grant a quitclaim deed. It is NOT an option if you gave the ex a quitclaim deed already, or he can force you to do so via a contempt pleading.

I would be happy to consult further.

: mortgage

This is something that should have been done as part of your divorce. The failure to do so is egregious.

To be sure, one would have to read your separation agreement. Gabe raises a point of significant leverage. Although given the values of homes, this may not be a good time.

Tell your ex you would like to negotiate this matter, or else you will file for partition. To show your seriousness, have a copy of a completed petition ready.

If you have any other questions, please contact me.