Legal Question in Family Law in Massachusetts
I will be divorced for a year on January 4, 2013 I gave her the house in the divorce. With the stipulation she refinance the house into her name and get my name off the mortgage or she would have to sell the house. I don't want to kick them out of the house but she tells me that she cant refi because she owes more then the house is worth. is there a way to just take my name off of the mortgage using the court paperwork I jyst need to know what my options are and she makes enough money and has been paying on time for the past 2 years i just need some direction because i wanna buy a houae of my own
1 Answer from Attorneys
Thank you for your question.
You should take your Separation Agreement or Judgment of Divorce to an attorney to have it reviewed. The specific terms may provide some answers. Frankly, it sounds as though the home needs to be sold. The mortgage company will continue to hold you (and your credit) accountable for her payments or non-payments.
You may have some leverage if you file a Complaint for Contempt on the basis that your ex has failed to comply with the order (refinance or sale).
My advice would be to retain counsel, get the property sold so that your name and credit are protected, and then help them find housing if you would like.
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