Archives for Legal Questions & Answers

Who is responsible for the water damage? Landlord or tenants?

Additional  Information: I am a landlord in Sudbury and one of our tenants reported water and damage in the basement.  When I came to check it out, I discovered that they moved the washing machine (that is provided for their use) and thus the leak and damage.  As the landlord am I required to pay the repairs or are the tenants?  There’s nothing about this in the lease.   Thanks in advance. ATTORNEY ANSWER: The tenant is responsible for damage caused by the tenant.  However the proof of something like this can be difficult without someone knowledgeable about that appliance testifying
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Did my tenants abandon the property? Will I ever get the past due rent paid?

Additional Information: I’m a landlord of a 3 family in Marlborough.  One of the tenants has failed to make any payment for four months. On arrival to the property to give an eviction notice, no one was there. The property surrounding the house was full of the tenant’s property and there was trash and moldy food in the kitchen.  I talked to the neighbors and they said the tenants had left two weeks prior. The gas and electric were shut off.   So since they essentially abandoned the property, as a landlord do I have the right to dispose of the
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We were divorcing amicably but now his lawyer is stating negative things about me.

Additional Information: I am in the middle of a divorce and my husband and I are on amicable terms for the most part. We agreed on joint custody of our 5 year old daughter, and that I’d stay in our Wayland home with her.   His lawyer recently sent me papers but stated quite a few things that my spouse is saying he never said. Including things like I am mentally cruel, and neglectful of duty. I am going to hire a divorce attorney soon but was wondering does it seems like his lawyer is setting it up to ask for
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When we divorce, will I be liable for half of my ex-wife’s recent school loan?

Additional Information: My wife and I are getting divorced.  She took out a loan so she could go back to school, get a job and contribute to the mortgage payments on our Sherborn home.  She hasn’t finished the program so technically the “community” hasn’t benefited from her going to school.  Will I be liable for half of the loan? ATTORNEY ANSWER: All liabilities, including school loans, will be either be divided or assigned to one party.  The court considers a number of factors including the nature of the loan (i.e. whether it was a joint loan, or a loan used
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Do I need to wait for the divorce to be final to create a new will?

Additional Information: My husband and I are getting divorced. We have pretty much figured out how to handle the finances, custody and parenting schedule, and I got the house in Ashland, so now I’m thinking about how to go about creating a new will, and other new documents such as power of attorney.  My husband had taken care of all that and I want to have all these matters squared away.  Do I need to wait for the divorce to be final to start working on these documents? ATTORNEY ANSWER: Yes.  Once the divorce is final, it is always wise
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Will my husband be entitled to half of our house downpayment that was gifted to me when we divorce?

Additional Information: When my husband and I got married, instead of a having a lavish wedding, my parents gave me money (about $35K) to put towards the down payment on our Natick house that we bought together.  I am now in the early stages of filing for a divorce, will my husband get half of that money? ATTORNEY ANSWER: It largely depends on the length of the marriage.  If your marriage was short term (less than 5 years), then typically the money lent by your parents for the down payment on the house would belong to you.  If the marriage
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What are requirements for an annulment in MA?

Additional Information: I was just married in Milford, MA and now realize it was a mistake. What are requirements for getting an annulment in Massachusetts? ATTORNEY ANSWER: An action to anul a marriage can be brought in the probate court if the validity of a marriage is doubted.  The statutory grounds include incest and bigamy, and do not include mistake, although you could obtain an annulment for fraud, impotency, duress or for other reasons.  If the marriage is valid, then the remedy is to obtain a divorce.
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Can a judge order my husband to sell his stock to pay our mortgage?

Additional Information: My husband and I live in the Boston Metrowest area and are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock? ATTORNEY ANSWER: The Judge will usually determine what assets are in the marital estate.  If the stock is part of the marital estate the judge could order him to sell the stock.
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Can we remain separated indefinitely or do we eventually have to divorce in MA?

Additional Information: I left my husband a couple of years ago and moved out of state (I’m in IL now but we were married in MA). When I moved, we just wanted time apart. It wasn’t a legal separation, just a verbal. We haven’t talked in a long time and I’m not on his health care or anything or vice versa, but I wondered if leaving the marriage constituted abandonment or something like that. ATTORNEY ANSWER: MA is a “no fault” divorce state, so the grounds for divorce are “irretrievable breakdown”.  If your husband still resides in MA and you
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