Legal Question in Family Law in Massachusetts
i have a property settlement with my ex. I am 63, he is 65. The deed is in my name,he pays the mortgage and taxes. i want to sell,but if i do, i have to pay off the rest of the mortgage with the proceeds, that would leave me with not enough money to buy something else. My question is, can " i rent to sell" , making him continue to pay the mortgage and taxes,so i can afford to move? MA
2 Answers from Attorneys
you have heard it many times, and here once more. Nothing can be advised without reading the settlement afreement.
You need to review the terms of your settlement agreement. The question is under the terms of the settlement agreement if you can rent the property and still have your husband pay the mortgage and taxes.
I would take the settlement agreement to an attorney to review. A lease to purchase could be deemed a sale and still relieve your ex of having to pay the mortgage and taxes. Depending upon when the divorce took place and how many years you were married, you might be able to get a modification for alimony or a change in your divorce settlement.