Legal Question in Real Estate Law in Massachusetts
real estate and divorce
My husband and I divorced several years ago. We agreed that he would get the house and he gave me a lump sum with the written understanding that if he ever chose to sell the house, I would get half of anything over $160,000.00 He has not sold the house, however, he is no longer living in it and is renting it out and making big money. This never entered my mind when I signed my divorce papers. Do I have any right at all to any of the rent or am I out of luck? Thanks, Marie
3 Answers from Attorneys
Re: real estate and divorce
Please don't take this the wrong way, but this is why you want to hire a good lawyer to do your divorce. This is exactly the type of thing that would occur to us but not to you.
It is conceivable that you could bring a proceeding before the Court to modify the divorce judgment based upon the unfairness that you point out. But chances are, you are now into $10,000 or more in legal fees and there is no guaranty. Sorry to give you the bad news. If you do win, however, you might end up OK.
Re: real estate and divorce
I would be happy to review the written understanding between you and your husband and any other divorce documents you might have to see if anything might be done now.
Please feel free to contact me.
www.vaughnmartel.com
Re: real estate and divorce
Without reviewing the divorce judgment and your separation agreement, no one can tell you with any certainy if you can do anything.
You may be able to bring a Peition for Modifcation for Judgment or may be otherwise protected.
It depends on the terms included in the judgment and the separation agreement. Please feel free to contact me without obligation.
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