Legal Question in Civil Litigation in Massachusetts

Nasty father

I lived with my mother in a house co-owned by her and my dad after her divorce from my father for about 14 years. The divorce agreement stipulated that thehouse be put on t he market. Neither my mom nor my dad pushed for this as it benefited both of them not to.

In 2007,

I was forced to put her in assisted living because of Alzheimers. I am her power of attorney. Since she has been in assisted living, I have lived inthe house rent free. There was a verbal agreement with my dad that I would pay for half the taxes and all utilties and repairs to the house and I could continue to live there. I have paid them and I nowam running behind.

My father flipped that I haven't paid the NOV taxes yet. They are 13 days old. I've now paid them in full.

My dad says he is going to sue me for lack of action on the house. The house has deteriorated though we did repairs to the house

The housing market has slumped and so the value of the house has gone down especially since there are long term damages that need to be repaired. He says he has a contractor who is interested in the house. I told him to move forward. He hasn't to date

Does he have grounds to sue me personally? Alot was verbal


Asked on 11/12/08, 5:29 pm

1 Answer from Attorneys

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

Re: Nasty father

There is a court order. That the parties continued to reside there is an equitable defense. The action is or should be based on contempt for the sale of house. Since neither party sought this action, he will have a hard time. I am not sure how far he can sue you personally except as harassment. As far as I can see you have been there consensually at the behest of your mother. He may have an action as against the rental value of your tenancy.

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Answered on 11/12/08, 7:57 pm


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