Legal Question in Family Law in Massachusetts
refusing to sell house
divorced 10 plus years all children grown and gone from home no one in school. wife refuses to sell or buy out what steps should be taken this was part of divorce agreement
3 Answers from Attorneys
: refusing to sell house
I agree with Ray.
You should or have someone in your behalf send your ex a letter of demand about this matter, asking her to respond to it within a certain limited time.
If the response continues as is, you probably need to file a Complaint for Contempt, seeking the court to order the sale of the house pursuant to the divorce/separation agreement.
Should you need assistance, or have any questions, contact me.
Re: refusing to sell house
If you need to enforce an existing judgment/agreement, you need to file either a COntempt or an action for specific performance. If the divorce was done by agreement, AND the agreement "survived" as to property division (it almost always does) an action for specific performance lies.
Partition is inadviseable if the judgment/agreement is clear, as partition involves paying an additional commission to a commissioner. It is also a less common action. This is a simple matter, and thus best handled under the "KISS" principal.
I am available to assist should you wish further advice.
Greg Lee
www.gregleelaw.com
Re: refusing to sell house
Our office can assiat you with a motion for contempt, to enforce the order of the court, or a simple action for partition.
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