Ex-husband doesn’t want to hold to our divorce agreement, daughter’s emancipation age is 23.

Additional Information:

My daughter attends  a college in the Boston Metrowest area, but  she doesn’t drive.  I take her 90% of the time both ways as she has a learning disability and panic attacks. She can’t work during college due to the case load of the program. Her father & I were told during orientation as one of the qualifing stipulations, that she shouldn’t work, which we agreed upon before she was selected. We also told her we would not sell the house until she got out of school in 3yrs, which would be the emancipation age of 23.

My ex said he is going to make me sell the house. Doesn’t care about the argeement anymore. I don’ t have money to buy it, our daughter will suffer over this now.  Doesn’t the emancipation law in MA allow me to stay in my home till she is 23?


Since the answer to this question depends on many factors, your original divorce agreement, whether your later agreement was in writing, and the current finances of your family, you may want to consider post-divorce mediation.  You would be able to meet with your ex-spouse with a trained neutral professional, to help figure out what makes sense given the current situation.  There is no specific “law” that determines the outcome of the timing of the sale of marital property.  It depends on many considerations.  It would certainly help if you and your ex spouse were able to resolve this without causing great deal more conflict, as your daughter is clearly suffering as a result.  Mediation would allow the two of you to decide how to deal with the sale or buy-out of your home, keeping in mind the interests and desires of both of you, as well as the issues facing your daughter. 

Boston Metrowest Divorce Mediator and Attorney, Tracy Fischer provides post divorce mediation services to families in the Boston Metro West communities including : Dedham, Dover, Needham, Newton, Sherborn, Watertown, Wellesley and Weston.