Legal Question in Real Estate Law in Massachusetts
Want to sell home ex lives in
7 years ago I was divorced - no kids. I had purchased a condo in another state close by just prior to our divorce. My ex lives there now, but she believes she owns it. She does not - it's solely in my name. I had verbally agreed to give it to her as part of the divorce agreement. However, it was not written into the final agreement and she willingly signed it - but she's pretty clueless. We were married just less than 3 years. I have paid all bills attached to this property since day one - she's never paid anything, and has lived completely free all these years. I would now like to sell this property as it has become a hardship for me to keep holding on to it - I have a mortgage on it and would like to get rid of this debt. Obviously she will flip, as she thinks she owns it. I don't know who she thinks pays all the taxes on it, etc. Not the brightest bulb. I guess my question is, will I be facing any problems with this? I don't really want to get into a legal battle because of this. What if any, are the possible repurcussions? Hopefully, this won't bring me problems - but I can picture her saying she didn't know what she was signing, etc. - she's quite a bit younger than me, quite capable of taking care of herself.
2 Answers from Attorneys
Re: Want to sell home ex lives in
Hi - My name is Len Foy and I am an attorney with the Law Offices of Gould & Gould, with offices in Methuen MA and Londonderry NH, our office telephone # is (603) 434-3437.
The long and the short of it is that real estate transactions must be evidenced by a writing, a written contract to sell, a deed, etc. The law does not allow "oral" or "verbal" agreements to sell real estate. So regardless of what you might have said to your former wife about this property in the past, unless you've put something in writing to that effect, the property is likely yours.
And challenging or setting aside a divorce decree or stipulation or agreement after the fact is extremely difficult, next to impossible, so, realistically, your former wife will not be able to go back and redo your divorce agreement with her to include this piece of real estate.
You may draw a challenge from her if you decide to sell it, but based on the facts as you've presented them in your inquiry, you have the stronger case.
Regards and Good Luck -
Len Foy
Re: Want to sell home ex lives in
Did you disclose that you were purchasing the condo? Was it reported on your finnacial statement submitted to the court at the time of your divorce? Were marital assets used to purchase the condo? Did the court determine that it was marital proerty?
Generally, a person can not go back to change or challenge a divorce agreement after the divorce is absolute (after the nisi period, 120 days).
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