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STBX wants to file stipulation regarding martial home buy-out

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chiswick

Member
Massachusetts

In Massachusetts. We had a two day divorce trial. In my wife’s proposed judgment she states that I the husband will be buying her out of the marital home and that she will vacate the marital home in 60 days after judgment nisi. I also state in my proposed judgment that I will be retaining the home and buying her out. Can she change her mind either before or after the judgment and file a motion that she wishes to keep the home? or is something likely like that happening too late in the divorce proceedings? She is currently occupying the home without exclusive use and I informed the judge that I have not moved out only have not been able to stay in the home due to her harassment and abuse which the judge was informed about at trial and told the judge I have been temporarily staying with a friend. I continue to pay all home expenses including mortgage.
 
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Zigner

Senior Member, Non-Attorney
After the judgment is rendered, it's pretty much done. Of course, if she fails to do what she is supposed to, then you'll have to take her back to court with a contempt motion.
 

HRZ

Senior Member
Be careful....she may be able,to change her mind about anything prior to entryof the judgement and may have a modest appeal window even after it is entered ...I sure hope you are using counsel.

I'd be real nervous about de facto exclusive use if you are not there at least from time to time ...if you are paying all the bills and she has exclusive use she has a built in incentive to procrastinate forever!
 

chiswick

Member
Be careful....she may be able,to change her mind about anything prior to entryof the judgement and may have a modest appeal window even after it is entered ...I sure hope you are using counsel.

I'd be real nervous about de facto exclusive use if you are not there at least from time to time ...if you are paying all the bills and she has exclusive use she has a built in incentive to procrastinate forever!
 

chiswick

Member
Yes I have counsel. My attorney thinks judgment may be coming in and or about two weeks. Like I said she has NOT been granted exclusive use. I still receive my mail there and go back to pick it up but I do not stay overnight.
 

Zigner

Senior Member, Non-Attorney
Yours is a recipe for disaster. One of those short trips home for mail can easily lead to some sort of domestic violence charges, whether valid or not. Since you have counsel, listen to your attorney. We aren't in a position to second guess your attorney.
 

Litigator22

Active Member
Massachusetts

In Massachusetts. We had a two day divorce trial. In my wife’s proposed judgment she states that I the husband will be buying her out of the marital home and that she will vacate the marital home in 60 days after judgment nisi. I also state in my proposed judgment that I will be retaining the home and buying her out. Can she change her mind either before or after the judgment and file a motion that she wishes to keep the home? or is something likely like that happening too late in the divorce proceedings? She is currently occupying the home without exclusive use and I informed the judge that I have not moved out only have not been able to stay in the home due to her harassment and abuse which the judge was informed about at trial and told the judge I have been temporarily staying with a friend. I continue to pay all home expenses including mortgage.
It appears that in divorce litigation in the state of Massachusetts a judgment nisi is for the exclusive purpose of allowing the parties the opportunity to reconcile the relationship and avoid dissolution of the marriage. In every other respect the judgment is said to be absolutely final

(My limited search doesn't reveal just how "absolutely final" should a reconciliation occur within the "90 day nisi period". Nor can I speak with any authority as to your ability to seek enforcement of any provisions in the decree with respect to your complaints prior to the expiration of the 90-day period.)
 

HRZ

Senior Member
Obviously the best resource as to your presence in home is your attorney ...if if she or he advises to back off until the order is final I'd do so in a heat beat .

You sure as heck do NOT want to provide your STBX an excuse to claim DV or Reconciliation.
 

chiswick

Member
Massachusetts
We had a divorce trial last August and all final findings and proposals were submitted. We are still waiting for final judgement from the judge. I proposed that I the husband would buy out my STBX out of the marital home. Court knows I purchased home prior to marriage. I have been paying mortgage and bills during temp orders and am the sole breadwinner. STBX quit her job 2 years prior to divorce. She is now telling her friends that she is going to file a stipulation that she wants to buy me out but says she needs to get an apartment and live there for six months on alimony income before any bank would issue her a mortgage loan. Can she do this post-trial and post filing of proposed findings and proposed judgement or is it too late to bring this up at this point? I can't see a bank waiting or the judge waiting for six months to decide on whether she should get the house. The judgement would involve the decision on the martial home and then the alimony would be decided at the same time. For all I know the judge may have already signed her decision and it's just waiting to be finalized on the docket.
 

Zigner

Senior Member, Non-Attorney
Massachusetts
We had a divorce trial last August and all final findings and proposals were submitted. We are still waiting for final judgement from the judge. I proposed that I the husband would buy out my STBX out of the marital home. Court knows I purchased home prior to marriage. I have been paying mortgage and bills during temp orders and am the sole breadwinner. STBX quit her job 2 years prior to divorce. She is now telling her friends that she is going to file a stipulation that she wants to buy me out but says she needs to get an apartment and live there for six months on alimony income before any bank would issue her a mortgage loan. Can she do this post-trial and post filing of proposed findings and proposed judgement or is it too late to bring this up at this point? I can't see a bank waiting or the judge waiting for six months to decide on whether she should get the house. The judgement would involve the decision on the martial home and then the alimony would be decided at the same time. For all I know the judge may have already signed her decision and it's just waiting to be finalized on the docket.
What did your attorney say when you asked this question of him/her?
 

chiswick

Member
My attorney does not believe in filing an enquiry with the judge's case manager as she feels - through experience - that it will only upset the judge.
 
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