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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I divorced 4 Feb 2013. My ex was allowed to stay in the beach

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I divorced 4 Feb 2013. My ex was allowed to stay in the beach house for over a year - all that time refusing me entrance to it for any reason. She was ordered to be out 29 March 2013 as part of the divorce. I've had orders of protection against her in the past. Part of the divorce is not to "trash talk" about each other. I have 50% custoday and am the residential parent.

This summer, I've had the house listed for sale with a local agent. The agent just reported to me that my ex sent him an e-mail - and then visited him - reporting that the house for sale has mold in the basement. In over a year, she never mentioned this. The repair personnel has nver mentioned it, and neither I nor the agent have seen it.

What are my options? Protection order, sue, unfit mother, etc.?

Thank you for your question. Please permit me to assist you with your concerns.

Before you consider your options, do you know if the information is true? I ask because if what she stated is accurate, that is not 'trash talking' but a disclosure that the realtor arguably has to know before he advertises the property. If that is not true, then that is a claim for defamation of character and tortious interference with a business interest. I do not see it as a protection order or an unfit mother claim (has nothing to do with that), but it can be shown that she is not complying with the request (if the information is false) and is still contacting your agents without consent.

Good luck.

Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Okay, I can't see "defamation of character" because it's a 2nd home, not a person. I can see "tortious interference with a business interest".


Would she not have been obligated to report this in the 1+ year she was living there? Not to mention the danger to our children (now 5 & 7).


It is a potential defamation of character because she would be alleging to realtor that you have failed to clean the property and are putting on the market something that is hazardous, which is not the case--that is how defamation could be used here.

For it to be defamation, these factors must be present:
1. A defamatory comment
2. Of or about you (notice it can be about you or your work to qualify)
3. Communicated to third parties &
4. Causes injury, specifically financial injury.

Furthermore, if true, she had a duty to report this to the landlord (you) an either facilitate repairs or permit you the right to repair the premises. Otherwise any loss in value or repairs due to the fact this was permitted to get out of control would be attributed to the tenant.

Good luck.

Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you