Question about selling home during a separation (Massachusetts)

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Question about selling home during a separation (Massachusetts)

Anonymous Aug 31, 2014 Business 4 views 2 answers

I am recently separated from my husband of almost 9 years due to domestic violence. I am currently unemployed (since June) and he is on unpaid leave of absence due to his assault and battery charge (in late July against me). We are currently behind on our mortgage 3 months (going on 4 in September). Our home has been on the market for approximately 3 months. We recently received an offer on the home and he refuses to sign the offer letter. I believe it is because he resents me for being out of the home. I have physical custody of our children and receive no support from him (again, he has no income). My question is, can he indefinitely block the sale of our home? What I do not want to lose my home to foreclosure and I need the profit from the sale to support myself and my children.

Meredith Lawrence · Accepted Answer · 2026-06-15T12:05:34+00:00

Hi there, it sounds like you both own the home and so, absent a court order, you will need his permission to sell his & your home. I would suggest you retain a family law lawyer to help you start the divorce process ASAP to help you address this issue ASAP (which still may not be as quick as you'd like). Outside of the divorce context, there is something called a petition to partition which is a legal process wherein you seek the court's order of a sale or division of the property. You probably will not be able to use this process though as it is not available to "tenants by the entirety" which refers to how the property is owned. Almost all married couples are "tenants by the entirety" when they own the home jointly and so going through the divorce process and getting a court to make orders with respect to the house is your best bet. Best of luck.

Craig Paster · Accepted Answer · 2026-06-15T12:05:34+00:00

One option that you have is to file for divorce, and go into court on an Emergency Motion and ask the judge to order that the house be sold. You will need to be able to establish that time is of the essence and that you need to be able to sell this house very soon, or the buyer will be gone. Explain to the judge that by selling this asset you will be able to get get some much needed funds, as your husband is not paying anything for child support. I am sure there are other options to consider, but this may be the quickest considering your dilemma.

Question about selling home during a separation (Massachusetts)

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