Legal Question in Family Law in Massachusetts

Re: selling joint owned property

Retain an attorney to represent you in the divorce as the Court will ultimately decide whether the house is to be sold or retained based upon the best interest of the parties and your son and the practicality financially. Good luck!

: selling joint owned property

It depends. If you are in court, he needs a court order. If you are not in court, maybe you should be.

If you have any other questions, please contact me.

Re: selling joint owned property

You should really be asking what is in the best interest of you and your child, not what the law says you should do. If you're getting divorced and you and your child are staying in the house, you need to consider whether you can afford to pay the mortgage, utilities, and general upkeeping of the house. If not, then it really doesn't matter if you are legally allowed to stay or not - you can't afford it.

You husband is also entitled to provide "in-kind" child support in the form of paying some of the mortgage or upkeep of the house in lieu of paying child support. It all really depends on what you two can afford. There's no use holding on to something that isn't realistic.

Sit down with your spouse and talk it over with a real estate agent or an attorney.

Re: selling joint owned property

The issue is one that will be decided by the Court. If you are not in court yet, you should be. The decision should be based on what is the best interest of both your child and you.

There are a lot of factors involved, such as your ability to work and have income. What are the marital assets?

Is your child going to attend college?

A host of factors. If you do not have counsel now, you should get one.

Please feel free to contact me without obligation.

Re: selling joint owned property

First, there is no law that says a house cannot be sold until the child or children of a marriage turn age 18. What will determine whetehr the house is ordered sold or transferred between the parties during a divorce will be the agreemet of the parties as approved by the court, or if they cannot agree, the decision of the court. If your husband is dumb enough to agree to stay on the mortgage and not live in the house (which his lawyer will strongly advise him not to do), then the court will usually allow it if you can demonstrate an ability to pay the motgage and upkeep with only your income, child support and possible alimony. If the house cannot be kept up that way, no court should permit a situation designed for failure

Now, if he just leaves and does not file for Divorce... then you have absolutely NO OBLIGATION TO SELL EVER, unless and until a court orders otherwise (through divorce, or by an Action to Partition), and you can still ask a court for just child support without opening up a divorce.

In short, you need to sit down with an attorny and figure where you are going and how to best get there.