Greenfield, MA asked in Elder Law, Family Law and Real Estate Law for Massachusetts

Q: What are my rights?Husband left me 3wks ago. Both names on the home.I have paid all the bills.Can my son move into help?

What are my rights?Husband left me 3wks ago. Moved in with his sister in Texas. Both names on the home mortgage with huge balloon payment in 28 yrs. No equity in the home. I have paid all the bills.Can my son and daughter-in-law move into help me with the mortgage? We have a MHA mortgage. We pay interest basically. Cheaper than any apartment anywhere.Husband said because the mortgage was got on his income he is going to call the mortgage company and tell he isnt living here and get my son and family kicked out.Vindictive. Can he dictate who lives in the home? It would be to his benefit that the mortgage would be paid for our credit.And not lose the home. Can I make a lease to my son and family to live here for the cost of mortgage and utilities without his consent? Can he come and make them move?They have a 12 yr old daughter an I am desperate!!! I have only 2 months mortgage payments in the bank. I will be 60in a couple weeks.We have been married for 42 yrs. Lived here for 30 yrs.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in Massachusetts

A: You say you only have 2 months of payments left, yet you say there is no equity in the home. These claims are at odds. You may want to file for divorce to settle the property dispute. I see no problem with leasing the home to tenants. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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