Legal Question in Family Law in Massachusetts

Selling a house with a restraining order

I own the house my wife and our two

kids are living in. She has had a

restraining order against me for 5

months. We are separated. I've changed

many things in my life around so we

can live together again. One of which

was to change my job so I was 'home'

more. This new job doesn't allow me to

pay the bills so I need to sell the house

and get into a more affordable

situation. How am I able to sell the

house if I can't get in to the house?

Time is short before foreclosure. Thank

You.


Asked on 12/01/06, 8:28 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Selling a house with a restraining order

Your answer is unclear. If there is an existing restraining order, you must obey it completely. If you are married, the house is marital property. If it is, then you can seek your wife's permission to sell. If she refuses, then you need to file in probate court.

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Answered on 12/01/06, 9:51 pm


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