Does Your Ex- Have to Vacate if You Offer a Buyout of the Marital Home

[Chiswick]

My question involves a marriage in the state of: Massachusetts

some background I live in Mass. Filed for divorce in May 17. Wife accusing me of hiding assets. Wife quit her 85 k job voluntarily due to stress. Told the court I forced her to quit. I continue to work and pay for everything including mortgage. Last court session judge said “BUY HER OUT GET HER OUT!” I have refinanced and should be closing next month. Wife has made no effort to leave or find a place to live. I have now had my attorney file a motion for her to vacate. The living situation has become intolerable. Hearing is next month. She wants to sit around till divorce is final and I know she will want me to open our deck and swimming pool for her to sit around all summer.

I am planning on having the buyout check for half her share of the marital home in hand the day of the hearing.

How likely do you think the judge will order her to vacate if I have done everything in the way of buying her out and giving her a huge check. Wife is telling her attorney she will not waste money on rent and she is going to tell the judge that??????

[Mr. Knowitall]

Exactly what type of hearing is "the hearing"? If it's a hearing on exclusive possession of the marital home, the judge previously indicated that he will order your ex- to vacate if you pay off her interest in the home, you and your ex- agree as to the amount, and you're prepared to tender payment, then it's possible that the court will order your ex- to vacate within a specified time frame if the check clears.

[Chiswick]

It’s a hearing to vacate and like I said the judge told me at pretrial to buy her out get her out because she has become unbearable to live with. So desperately hoping I get her out. Once she has the equity how can the judge allow her to stay is going to be a mute issue and will not allow her to remain while rest of proceedings are going on.
Thank you for your prompt response. Almost a year living like this has been crazy.

[adjusterjack]

I suggest you don't hand her the check until she is moved out and hands you all the keys.

The judge can order that the funds be held by an escrow company to be paid to her when her exit is confirmed.

There is also the matter of the deed. If she is on the deed she will need to sign a quitclaim deed at the escrow company.

Seems to me that if you give her the money before she is out, and then she doesn't get out, you will have a hell of a time getting her out. Could take months. And some people just don't give a crap about what judges order.

[llworking]

I suggest you don't hand her the check until she is moved out and hands you all the keys.

The judge can order that the funds be held by an escrow company to be paid to her when her exit is confirmed.

There is also the matter of the deed. If she is on the deed she will need to sign a quitclaim deed at the escrow company.

Seems to me that if you give her the money before she is out, and then she doesn't get out, you will have a hell of a time getting her out. Could take months. And some people just don't give a crap about what judges order.

If she needs the money in order to move out, then holding the money until she moves out will defeat getting her out quickly. It also appears that she is not working right now, so I am going to guess that she will need the money in order to move out.

[Mr. Knowitall]

If she needs the money in order to move out, then holding the money until she moves out will defeat getting her out quickly. It also appears that she is not working right now, so I am going to guess that she will need the money in order to move out.

That can be worked out in court. e.g., $5,000 now, the balance after the move-out is complete, with move-out to be completed by [date].

The court might be asked to also order that any items of personal property left on the home after [date] be deemed abandoned by the vacating spouse.

[Chiswick]

In Massachusetts
As you know I filed first back in May 2017. Typical accusations of hiding assets, wanting her son to always get his way and wife always saying she has no money when she was earning 85k before she voluntarily quit her stressful job.

Wife thinks she is fortune teller and predicts to all her friends and relatives how the judge will side with her when she gets to see all her journaling, videos, recordings and pictures at trial of what a jerk I am while I continue to work and pay mortgage and all bills even the electric and cable which are in her name and she refuses to pay.

She thinks by the time she is through with divorce that I will not get house. I LISTENED TO THE JUDGE AT PRETRIAL CONFERENCE! She clearly said buy her out get her out! I refinanced and am presenting 1/2 of the equity in a bank check in court at the next motion hearing which is the vacate order for my STBX. Tell me what part of that does my wife not understand?????

[Taxing Matters]

Once she has the equity how can the judge allow her to stay is going to be a mute issue and will not allow her to remain while rest of proceedings are going on.

(Bolding added.) Just as aside, I think the word you wanted rather than mute (which I bolded) was moot (rhymes with hoot). Lots of people get this one wrong since it does sound similar to mute. But one of the meanings of moot is “deprived of practical significance: made abstract or purely academic.” Webster’s Collegiate Dictionary, 11th Ed. Mute, on the other hand, generally means either an inability to speak or an absence of speech.

[Chiswick]

I got approved for refinance loan today for home buyout. Just in time for court date for vacate order. Closing is next day hopefully or day after.

Wife will be shocked and blindsided. Thinking she will get to stay in home till end of divorce. Hey the judge will think she is nuts if she doesn’t follow through with signing at closing.

Her attorney will know I followed through with buyout like my wife said to her attorney he knows what he is exactly doing. Soooooo what’s wrong with that? I’m obeying court order. Too bad if she don’t like it. She will be getting a check for almost $177k that day presented to her.

[jumanji]

I got approved for refinance loan today for home buyout. Just in time for court date for vacate order. Closing is next day hopefully or day after.

Wife will be shocked and blindsided. Thinking she will get to stay in home till end of divorce. Hey the judge will think she is nuts if she doesn’t follow through with signing at closing.

Her attorney will know I followed through with buyout like my wife said to her attorney he knows what he is exactly doing. Soooooo what’s wrong with that? I’m obeying court order. Too bad if she don’t like it. She will be getting a check for almost $177k that day presented to her.

And until the judge orders her to vacate, she gets to stay put.