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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am divorced and was allowed to reside in the inlaw apt

Customer Question

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
JA: Is this a fixed-rate or adjustable-rate mortgage?
Customer: why does that matter
JA: Has anything been filed or reported?
Customer: divorce is final
JA: Family law varies by state. What state are you in?
Customer: massachusetts
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can she rent the in-law without my knowledge
Submitted: 2 months ago.
Category: Legal
Expert:  LegalKnowledge replied 2 months ago.

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

Expert:  LegalKnowledge replied 2 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

Customer: replied 2 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
Expert:  LegalKnowledge replied 2 months ago.

Thank you and please allow me a moment

Expert:  LegalKnowledge replied 2 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

Customer: replied 2 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
Expert:  LegalKnowledge replied 2 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.

Expert:  LegalKnowledge replied 2 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!

Customer: replied 2 months ago.
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

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

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