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Not living in house - can I stop paying mortgage, taxes and oil?

Commonwealth of Massachusetts Cambridge Probate Court Cambridge, MA Divorced December 26, 2007 Background: Our separation agreement states that the house will be sold and the asset split 50/50. It didn’t say when. X-husband refused to sell. I took him to court in March 2010 to get the house sold. We have a Stipulation filed indicating: 1. We will list the house in April 2010 and split the net proceeds at the time of the sale 2. Both parties will fully cooperate. 3. My x-husband can buy me out any time before a purchase and sale. 4. We both are responsible for our own lawyer fees. 5. The original Judgment of Divorce shall remain in full force and effect. Our separation agreement states that I will pay half the mortgage and taxes, and that I will pay for the oil bills. The house went on the market in May 2010. I moved out into an apartment in July 2010. The house didn’t sell and we took it off the market in November with a verbal agreement that we would list it again in the Spring of 2011. Issue: Again, he doesn’t want to sell. I would like to stop paying the mortgage, taxes and oil. I haven’t lived in the house since July 2010 and paying for the house that he is living in and my apartment is VERY difficult. Please advise if I can stop making these payments and what do I need to do.

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Submitted Tue, 03/22/2011 - 17:43

The original agreement will prevail until modified. I know it wasn't considered because you were living there, but it would have a good time to modify the agreement at the time you were about to move out. I would suggest a modification at this point.

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