Property Sale after Divorce

[EGS]

What is the name of your state? MA

Divorce Final in 1997. Wife allowed to reside in marital home with children. Does not pay mortgage or rent. Husband to continue to pay mortgage taxes, etc until last child reaches age of maturation 2011, classified per Sep. Agreement as "Unallocated CS."

Husband's name is only name on Deed.

Wife's Fiance moves in in 2005.

No Co-habitiation clause in Sep Agreement. No language in Sep. Agreement as to sale of marital home upon wife remarriage.

Husband still pays Mortgage, Taxes, Insurance, and weekly nominal support.

What can be done to force the sale of the Home now that Wife resides with intention to remarry?

Does Husbands other financial obligations (new Home, New Wife, new family) carry any weight?

 

[LdiJ]

What is the name of your state? MA

Divorce Final in 1997. Wife allowed to reside in marital home with children. Does not pay mortgage or rent. Husband to continue to pay mortgage taxes, etc until last child reaches age of maturation 2011, classified per Sep. Agreement as "Unallocated CS."

Husband's name is only name on Deed.

Wife's Fiance moves in in 2005.

No Co-habitiation clause in Sep Agreement. No language in Sep. Agreement as to sale of marital home upon wife remarriage.

Husband still pays Mortgage, Taxes, Insurance, and weekly nominal support.

What can be done to force the sale of the Home now that Wife resides with intention to remarry?

Does Husbands other financial obligations (new Home, New Wife, new family) carry any weight?

He is paying the mortgage, taxes, and insurance in lieu of child support...at lease that is how I understood your post. He would still owe child support even after mom remarries or co-habitates. Therefore, I see no basis to require the house to be sold.

Before you push the issue you should find an online child support calculator for your state and run the numbers. Because if he is successful in getting the home sold, then his child support is going to be recalculated to the current guideline level. That may end up costing him more than what he is currently spending on the mortgage, taxes and insurance....since multiple kids are involved.