Legal Question in Civil Litigation in Massachusetts

Divorce civil suit

If my ex husband was found guilty of contempt and was also ordered to pay the mortgage on our house, and after a few months has decided to allow it to go into foreclosure, claiming that he is broke. However, I have actual proven documents as to the two substantial trusts he fraudulently omitted from the divorce and contempt financial statements (and is now seeking relief from judgment), it is my assumption that I can file a civil action against him for the damages of the intentional loss of the house. Would this be correct? Thank you for your time!


Asked on 10/06/08, 12:17 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Divorce civil suit

It depends on the nature of the contempt order. As a preliminary matter, I would seek to file a further action in probate court; of course, you may be able to file an action for a variety of counts.

But this is not a contract action. So the first step in to seek intervention in the probate court, and seek to attach, ex-parte, any assets.

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Answered on 10/06/08, 8:28 pm


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