Swampscott, MA asked in Divorce for Massachusetts

Q: My partner and I are in MA and planning a divorce. Can we file while selling our house?

We are going to file uncontested and we have written up a separation agreement. MA law says that we can file in the state if “you have lived in the state for one year, or if the reason the marriage ended happened in Massachusetts and you have lived in Massachusetts as a couple.”

I don’t want to be stuck having to meet the residency requirements for a new state before we divorce. As soon as the house sells I am moving to TX to live with family. However, we don’t want to file now and then find we can’t legally close on the house because we are in the middle of divorce proceedings. I can’t afford a lawyer to discuss this with.

[Edited to add]: Title is held my the mortgage lender jointly under both of our names.

Related Topics:
1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

A: You have not stated how title to the real estate is held. Be very careful at the closing to get your check and the best way to do this is to have an attorney involved at least to review your Separation Agreement terms and Financial Statements and self-disclosure docs. and make sure all goes ok with the real estate closing. If both parties agree on the sale and terms it should not be a problem that a divorce is pending.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.