E
ellie_l
Guest
We live in Massachusetts. My boyfriend concluded his divorce last year. His ex-wife gets to reside in his family home with their children, gets all rental income from the apartment on-site, and then either has to buy him out or sell when the kids reach 18. it is written into the contract that she is responsible to make all mortgage payments on time, but so far she has been up to 60 days late four times in the last twelve months. He is interested in buying a home so we don't have to pay rent, but, she is rapidly destroying his credit and thus his prospects. She is 'allergic' to work also. he pays child support, and she could easily make enough renting the apartment to pay the mortgage, so it's not like she has any heavy burden on her, and the kids are all teenagers. anyway - since it *is* written into the agreement that she is supposed to be on time, we want to take legal action, but his lawyer is not exactly quick to respond to our inquiries (the same guy who never mentioned that my BF might want to consider getting her to refinance or get his name off the mortgage - you want to know the truth, i practically wrote the divorce agreement myself because this guy was letting him get so screwed, but that's another story. he was cheap representation).
i have read that we may be limited to filing a civil suit. i have read elsewhere here that people would need to file suit, but i'm trying to find out what kind of suit, and get more info on what the process is and what we might legitimately try to get. bottom line is we want to force her to be more responsible. best case is we force her to sell the house, which i believe is in the agreement if she doesn't keep up the mortgage payment, or move in and take over custody of the kids. Boyfriend is worried they will up his child support requirements if we take her to court, but damn - she has potentially free room and half her board paid at least with the money for the kids, she doesn't work even though she is able bodied and has ample time and opportunity to train if she needed job skills, i find it hard to believe any court would award her more money. she needs to be awarded a swift kick in the ass.
any advice, insight, suggestions, direction would be greatly appreciated, thank you!
i have read that we may be limited to filing a civil suit. i have read elsewhere here that people would need to file suit, but i'm trying to find out what kind of suit, and get more info on what the process is and what we might legitimately try to get. bottom line is we want to force her to be more responsible. best case is we force her to sell the house, which i believe is in the agreement if she doesn't keep up the mortgage payment, or move in and take over custody of the kids. Boyfriend is worried they will up his child support requirements if we take her to court, but damn - she has potentially free room and half her board paid at least with the money for the kids, she doesn't work even though she is able bodied and has ample time and opportunity to train if she needed job skills, i find it hard to believe any court would award her more money. she needs to be awarded a swift kick in the ass.
any advice, insight, suggestions, direction would be greatly appreciated, thank you!
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