Legal Question in Family Law in Massachusetts
Stipulation of divorce agreement was that wife lives in shared home until sold (it is required to be sold) and continues to pay mortgage - at time of sale she will receive monies in return for prompt mortgage payments and 50% proceeds from sale - she's making a sale nearly impossible and has been late on mortgage no less than 4 times - it's been 10 months - how can I take over ownership/responsibility of home/mortgage and get it sold quickly!
2 Answers from Attorneys
It depends on what your settlement agreement says. I would discuss it with your attorney. If you do not have an attorney then contact someone like me and provide them with a copy of your separation agreement.
Late payments may be an act of contempt. Likewise, her making the sale of the property impossible may also be a contempt. More information is needed to give you any advice that would be worthwhile.
Please feel free to contact me without obligation.
I agree with the previous attorney that if your ex-wife is failing to do something which she is obligated to do by your divorce agreement, you may need to file a complaint for contempt. The court can order that the property be listed for sale and award other relief.
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