Legal Question in Real Estate Law in New Hampshire

Home Abandonment

My X-husband I got divorced five years ago. As part of the divorce agreement I was awarded the house until our youngest son turned eighteen (9 months from now) then my x had the option to buy me out or we sell. I have paid the mortgage and all exspenses for the past five years by myself. I am having great financial difficulty. I talked to my x in august about selling the house and he stated he wanted to buy me out, I told him at that time I was having trouble. I told him in Novmeber that I could no longer make the payments and could he buy me out early, he said he wasn't sure if he still wanted the house, i asked him to move back in and make the payments until he decided. He doesnt want to. I told him I had no choice and if he didn't make the payments the house would go into foreclosure. He said if i moved out he would get me for adondonment and I would get nothing. The divorce agreement says we have to split the equity 50/50 when my son turns 18. We had a verbal agreement at the time of divorce, that if i could'nt make the payments, I would let him know. Can he get me for abandonment? What options do I have?


Asked on 12/25/05, 7:49 pm

1 Answer from Attorneys
James Hall Qua, Hall, Harvey & Walsh

Re: Home Abandonment

I would have to see the agreement to properly advise you on this and evaluate both of your financial situations. The best way to handle this is to work it out and come to an agreement. Please feel free to call me to discuss this free of charge.

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Answered on 12/26/05, 12:32 pm


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