Property and Child Issues

[aandrews7229]

My question involves divorce in the State of: Massachusetts


So my biggest issue- I am in the middle of a divorce. I own a home with my soon to be ex wife but she moved out in October to live with her boyfriend. I am stuck paying the $1200 mortgage payment, utilities for the home, my truck loan, her truck loan, health insurance and insurance on the trucks. I have also began a relationship with someone else. My ex will not allow her to be in the home and especially not move in with me. I have heard many people tell me that since she "abandoned" the home I can do whatever I want. I am working on getting her name off the mortgage, but I need to refinance and my credit score dropped due to her paying some utility bills late while we were living together. That was my number 1 question/

My 2nd biggest issue is she filed our taxes jointly and will not give me my tax money. She said that she has put the money in an account that I'm not on. She said that it is child support I owe her. Yet, we have not gone to court for child support or visitation. She has no court order. She said if I pursued the tax money as a legal matter I would just be laughed at.

I love my daughter very much and I am only allowed to see her 3 days/week for 3-4 hours. She uses her as a defense towards me concerning the money and the other things. My new significant other was not allowed to ever be around her but I recently started bringing her around anyways because I don't think it's fair. If my ex gets angry with me, she will not me to see my daughter. I just got to see her yesterday for the first time in a week because I wouldn't apologize to her for something.

Any help is appreciated!

[Mr. Knowitall]

Your number one question is what? You can address ownership and responsibility for marital debts as part of your divorce action. You can't remove her from the title absent a court judgment or her cooperation, and if you don't qualify to refinance then for practical reasons you're not going to be able to refinance.

If you filed taxes jointly, you should have received a refund check in both of your names. Did you sign the check? You can address this, also, in your divorce case.

You can ask the divorce court to enter a temporary custody order, giving you formal visitation rights pending the outcome of the case.

If you're not yet doing so, you would benefit from working with a divorce lawyer.