My divorce agreement states that my ex-wife has exclusive rights to the home, including all financial responsibility for mortgage, maintenance, and upkeep. It also states that the house is to be sold. That was almost 2.5 years ago. THere was a buyer, mold in attic, insurance paid for the removal and fixing but buyer bailed. She decided to take it off the market and I have asked her over and over again when she will get my name off the mortgage. She says she cant. Meanwhile, she has not made a mortgage payment on time since I stopped paying it and started paying child support. She is almost 18 months behind on late fees and even though i have called the mortage company, given them a copy of the divorce agreement, i am getting killed by creditors, lowering my available credit and increasing my interest rates, but most importatnly, preventing me from buying a home. Obviously, i do not want my children living on the street, however, she does not really work and the store she owns barely pays for itself, largely due to her inability to manage it. She is remarried and it is frustrating that her new husband has no fiscal responsibility for the house he lives in as well as he owns his own house in NH. Claims his taxes there to to avoid having to have health insurance, though living in MA. I want a timeframe and a drop dead date of when my name is going to be off the mortgage. Is this possible? Also, is it true that if I file contempt charges and she is found guilty that she is responsible for court fees? And, is it also true that she cannot accrue debt in my name and now has in light of her cavalier attitude towards the mortgage? I am more than willing to take in my children to which she says that would never happen. Please advise. Thanks.
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Editor's Response
Generally speaking, if the court ordered your ex-wife to do something (make reasonable efforts to sell the house) and she has not done so, she may be in contempt. If you have an attorney, I would recommend talking to him or her about this issue. If not, you need to make a careful review of the court's order and decide if you should file a complaint for contempt against your ex-wife. You do not want to file such a complaint lightly or, worse, in error.
You can file the complaint for contempt on your own if you do not feel you can afford an attorney, though it can be a challenge. Many family courts in Massachusetts have volunteer lawyers available at the courthouse who can help you with the paperwork. In my opinion, it is always better to have a Massachusetts divorce attorney to help you with the paperwork and at the hearing. It is not uncommon for the party who is in violation of the court order to raise other issues, such as a complaint for modification. If the judge agrees to hear both matters at the same time (something your attorney will help you argue against), that will slow down the process and make it significantly more complicated.
As to your second question, in your complaint for contempt, you are allowed to ask the court to force your ex to pay your attorney's fees. Again, ask your attorney about this. If he or she has experience with these issues, she should be able to review the specific facts and circumstances, interpret the court's original order, and give you an opinion about whether the court will allow your fees. For more information or to post a question, visit our MA Divorce Discussion Forum. Good luck, and please tell your friends about The Forum.