Legal Question in Family Law in Massachusetts
I divorced 5 years ago, got paid some and agreed to wait the 5 years to get the remainder 10k well I didn't get it and with the housing market being what it is, my ex, he owes more than his house is worth. It is recorded with the town if he sells or get's married he pays me the money- there is a condo we both own but he is responsible for- he's upside down on that too and currently he cannot rent because of a flood but is being worked on. How do I proceed with this????
I am currently in a rough financial state can't pay my attorney 250.00 to write him a letter although my ex would be responsible for my fees but I would have to initiate the payment- my ex has offered to make payments to me but I feel guilty, He is helping the last of our three daughters with college expenses. WHAT TO DO????
Thank you in advance,
Terry
1 Answer from Attorneys
You want the $10,000 but your ex is helping your daughter and you need the money. You say the ex will make payments. Well why not let him make you payments. He can't sell anything and get cash. I assume he does not have $10,000 in cash. So work out a payment plan and tell him you will apply it against the $10,000 until he sells something or gets married but is due in total in 5 years regardless. At $200 a month, he would pay you off in less than 5 years, if he does not sell the home. Make sure the agreement is in writing and says he pays $200 a month but if he sells the house or gets married he pays you the balance of the $10,000 owed.
Assuming your ex is OK with the amount, do a letter agreement. You might want an attorney to review it.