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I am divorced and was allowed to reside in the inlaw apt…

Customer Question
I am divorced and...

I am divorced and was allowed to reside in the inlaw apt after the divorce, I continue to pay mortgage in full, I gave a 30n day notice to vacate and I am now homeless. Can I move back in

Lawyer's Assistant: Is this a fixed-rate or adjustable-rate mortgage?

Why does that matter

Lawyer's Assistant: Has anything been filed or reported?

Divorce is final

Lawyer's Assistant: Family law varies by state. What state are you in?

Massachusetts

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can she rent the in-law without my knowledge

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
8/4/2017
Lawyer: LegalKnowledge, Attorney replied 8 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,924
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

Good afternoon. What was court ordered? Did you voluntarily move out and if so, does your ex have the right to rent out the in-law apartment? I am just trying to understand what was ordered and/or agreed to

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Customer reply replied 8 months ago
I was allowed to reside in the in-law apt after the divorce, I gave a 30 day notice, vacated and where I was residing now need to move out. Essentially I am homeless, My daughter told me she has a family member renting the in-law. There was nothing in the divorce agreement about renting. I currently pay the mortgage in full. can I move back
Lawyer: LegalKnowledge, Attorney replied 8 months ago

Thank you and please allow me a moment

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

Even though you still pay the mortgage, who was awarded possession of the home? You shared you were allowed to reside there but were not clear on if you are still on title

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Customer reply replied 8 months ago
I am still on title and the home is to be sold next year after my son graduates, I pay the taxes as well as the insurance. I was allowed to liv in the in-law apt after the divorce
Lawyer: LegalKnowledge, Attorney replied 8 months ago

Thank you for the reply. If you are still on title and have a legal interest in the home, you would have a right to live there, absent any other court order. Typically, a Judge will rule and decide who can keep and reside in the home until it is sold, so I am unsure why this is silent. Now, if someone is renting and residing there, their tenancy would need to be terminated before you could move in. If there is a valid lease, it would need to be honored but if they rent month to month, the proper notice to end the tenancy could be given and then you could likely move back in.

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

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