My ex-wife and I agreed to sell our former marital address and divide
the equity as part of a divorce. She has done everyhting she can to
drag out the process and prevent the sale of the house, costing my
allot of money. I am looking for Massachusetts court cases I can use
as precidence which deal with this issue. |
Request for Question Clarification by
tutuzdad-ga
on
17 Aug 2006 11:40 PDT
What exactly are you looking "for"? You say she has agreed to sell but
won't. It appears that she hasn't really agreed. Can you clarify?
tutuzdad-ga
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Clarification of Question by
fraidknots-ga
on
17 Aug 2006 13:05 PDT
She has agreed to sell in the divorce decree. However, the is not
difined date to execute since real estate is not an exact science, she
is using stalling techniques not to sell. techniques suchs as; not
allowing people to see the house, leaving the house a filthy mess to
scare off byuers... ect.
My request is to find Massachusetts probate court cases which deal
with a simmilar issue. How have the courts address this issue
historically.
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Request for Question Clarification by
cynthia-ga
on
17 Aug 2006 17:39 PDT
You want probate cases? I thought this was a divorce...
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Request for Question Clarification by
weisstho-ga
on
18 Aug 2006 07:09 PDT
Yeah Cyn, divorces in Mass are handled by the Probate Court. Under the
(newer) family court concept, the public is (supposed) to be better
served by having one judge deal with the panoply of family issues.
Since the probate court probably has jurisdiction over kids (criminal
and abuse/neglect) and the obvious estate issues, they have certain
resources that can be applied to custody - visitation and support
matters.
The probate courts will not publish their cases in the same manner as
the appellate courts.
Anyway, the answer you want is no doubt in the Rules of Court.
For example, have the court appoint a special receiver to take the
property (the house) and handle the sale. Might cost you $1-2K in fees
. . .
The other route is to file a "show cause" motion to the court to
require her to come to court and show cause as to why she should not
be held responsible for her delaying tactics - now this is assuming
that you have good and tangible proofs as to what she is doing to
delay that is unreasonable in the circumstance.
weisstho-ga
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Clarification of Question by
fraidknots-ga
on
18 Aug 2006 07:40 PDT
The gentleman is correct. Divorce cases in massachusetts are handled
by probate court.
i would like to find and appeals cases .
Thank you
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Request for Question Clarification by
cynthia-ga
on
18 Aug 2006 10:59 PDT
Wow, it's only 11am and I've already learned my 'something new' --it's
going to be a great day!
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Clarification of Question by
fraidknots-ga
on
18 Aug 2006 12:47 PDT
Any ideas folks?
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Request for Question Clarification by
pafalafa-ga
on
18 Aug 2006 13:20 PDT
No ideas. But I just wanted to let you know that I had a look at your
question, and searched several legal databases. I've handled a lot of
these find-a-case-like-this-one questions, but nothing's turned up yet
on yours.
Good luck,
pafalafa-ga
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Request for Question Clarification by
weisstho-ga
on
18 Aug 2006 14:58 PDT
Not surprising that there are no courts of appeals cases since this
type of issue is almost never going to get out of the trial court.
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