Q: How can one party in a divorce control the life of the ex spouse based on a divorce agreement?
My daughter got divorced from her husband this year. They used a mediator to do the divorce and the husband put in a clause that states they cannot sell the house for less than $430,000. He has openly admitted to me that he has no intention of selling the house and he is going to live in the house with his kids. Problem is, the divorce agreement also states my daughter MUST live in the house with them. She wants out, but he claims he holds all the cards in the divorce agreement. How can the state of Massachusetts allow an ex husband to keep his ex wife captive like this?
A: The language you are indicating would not be approved by the Court absent a finding by the Judge that the parties understood the document and had the opportunity to have counsel review same. If the document is ambiguous or if there is a failure of the material facts upon which the agreement was based there may be a basis for seeking relief from it . Your daughter should review the document with domestic relations counsel ASAP.
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