My ex husband is not sticking to our agreement

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My ex husband is not sticking to our agreement

My ex husband now owns our home. In our
agreement he said our kids could stay in the home
until our youngest graduates college. She has one
year left. I even have text messages from him
stating the same thing. Hes gone back on this.

Asked on July 1, 2018 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there was a written agreement between the two of, such as a settlement resolving your divorce, you can enforce that agreement in court. An agreement is another word for contract; if he is violating it, you can file a "breach of contract" lawsuit against him and seek either monetary compensation (e.g. the additional cost to house your children elsewhere) or a court order that he follow/honor the agreement. Note that seeking a court order that he follow the agreement, called "specific performance," is more procedurally complex than suing for money; you would be strongly advised to retain a family law or matrimonial law attorney to help you.


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