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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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In Massachuesttes, I have been divorced since 2014 and my ex

Customer Question

In Massachuesttes, I have been divorced since 2014 and my ex wife is still living the my house, it is soley in my name and the deed is only in my name, I bought it in 1997 and we married in 2001. Our divorce agreement did not specify a move out date, it just said that she and my kids were currently residing there. She refused to pay the mortgage so it went into forclosure but at the last minute I was able to get a modification and she agreed that if the modification was approved she would pay the mortgage and sign a tenant agreemen with me so she could stay in the hous, she made 2 payment and is now saying she is not paying anymore and will not sign the agreement that I have been asking her to sign. I need to move on with this and I don't want the forclosure on my credit when I just saved it from forclosure. How do I get her out?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: She waived her right to any and all past, present and future real and personal property in the divorce agreement that wasn't specifically stated, the house was not a topic as she wanted nothing to do with it at the time
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JA: Have you talked to a lawyer yet?
Customer: Yes, I filed eviction papers with the court but I am worried housing court is going to through it in probate court.
JA: What advice did they give you?
Customer: To move forward with the eviction. But now she is threatening allimony so I can give it to her to pay the mortgage and wants the court to let her do this until my 6 year old son is emancipated.We have split joint legal and physical custody of our kids
She is working full time and has a medical billing degree.
JA: Anything else you think the lawyer should know?
Customer: I jut want to know if she can sue me so that she can stay in the house until my son is emancipated and make me pay the mortgage? How am I suppose to live if she can really do somthing like that and how would I ever be able to buy another home? I can't live like this anymore.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: Family Law
Expert:  David L replied 11 months ago.
Hi and thanks for asking your question. My name is ***** ***** I will be assisting you. I think you have two potential approaches to getting possession of your home. First, since you have already filed the eviction, it wouldn't hurt to continue to pursue the eviction. It is possible the court would grant you possession. That would be a quick and simple solution to your problem. However, if the court feels this matter belongs back in front of your divorce judge, the eviction judge might have you address this issue in the family law court. In that case, you would ask the family law judge to issue an order granting you possession. In either case, you should be entitled to possession. Your ex can threaten many things. But you have a standing final judgment order from your 2014 divorce. I don't see any immediate reason why the court would now change those terms and grant her the home or alimony.
Customer: replied 11 months ago.
Can she get that part modified even though it is not merged and is it's own binding contract? I was told no but...
Customer: replied 11 months ago.
Can a judge legal ever force someone to keep a house soley in their name for an ex spouse until my 6 year old is emancipated, I mean that sound rediculas?
Expert:  David L replied 11 months ago.
The judge ruled on that issue back in 2014 during your divorce proceeding. She was not awarded the house. Thus, even if she now asked for that to happen, there shouldn't be any reason for a judge to make such a substantial change to your final divorce judgment.
Expert:  David L replied 11 months ago.
I would move forward with the eviction.
Customer: replied 11 months ago.
Ok, thank you for your time. I kind of think she is blowing smoke but who knows, I have to move on from this hopefully without her distroying my credit.
Expert:  David L replied 11 months ago.
Keep pushing forward and don't be threatened. That may help you achieve your goals. If she realizes you are serious, she may be more willing to negotiate a solution more reasonably.
Customer: replied 11 months ago.
I am also modifying custody so I can get sole physical custody. She is not looking out for the best interest of the children and put my 12 year old daughter on a dangerous pshy me just because she was trying to get an $800 disablity check from the state. If I call the disiblity office can I get that info because it is my daughter?
Expert:  David L replied 11 months ago.
The disability information would probably be personal and private to your ex.
Customer: replied 11 months ago.
Ugh
Expert:  David L replied 11 months ago.
But you may be able to get that information as part of your custody modification proceeding.
Customer: replied 11 months ago.
Ok, thank you
Expert:  David L replied 11 months ago.
You're welcome. Good Luck!
Expert:  David L replied 11 months ago.
You're welcome. Good Luck!