Legal Question in Family Law in Massachusetts
Loan signed under duress
Currently separated from spouse, I was forced to shoulder all expenses for marital home. Several years ago, husband took out equity line against home to support a failing business venture and his personal expenses. I signed the loan under duress (property held in tenants by the entirety) when he threaten to stop paying all bills, ''make me pay dearly'' and force my two children and me onto the street. Since I was not working at the time, I felt I had no choice and signed for a 50K equity line. Fast forward, I am living in the home paying the first mortgage on time every month. Husband living elsewhere has been defaulting on the equity despite agreeing to paying this one bill. Chase Bank the lein holder is threatening to take action, calling me on a daily basis. I know the law says we are jointly and severly responsible, but I was frightened of my husband when I signed - is there any recourse for me? This one issue is ruining my credit. Also is there some law which says my husband should continue to assist with some of the household expenses? He also dropped me from his health insurance when he moved out. Can someone help me? Thankyou
4 Answers from Attorneys
Re: Loan signed under duress
If you cannot afford an attorney there are several organizations you can contact including the Mass Bar Association.
You should file a Contempt Motion with the Probate Court and seek an immediate requirement that your husband bring the equity line current, Likewise, I assume the separation agreement requires that he maintain health insurance and if so, he is required to maintain that as well.
You may want to contact your original divorce attorney for help. If you have more questions, please feel free to contact me.
Re: Loan signed under duress
You should obtain the help of an attorney as soon as possible. This is the time when you need to turn to family for help getting the funds needed. You cannot do this by getting tidbits of advice off the internet.
I would be glad to provide an initial consultation with you, free of charge. You can learn more regarding my practice and fee structures at www.gregleelaw.com.
Re: Loan signed under duress
Retain an attorney to file a divorce and request the court to order your estranged husband to pay his share of the bills. Good Luck and Happy New Year.
Re: Loan signed under duress
The loan is what it is... the Probate and Family court can order your spouse to make payments. Bottom line, you will need a court order to make him pay since he (obviously) does not care about his own credit or whether the home is foreclosed (since he doesn't live there).
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