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.
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.
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