Article by:
Joshua Bearce
Is a provision in a separation agreement that prohibits the sale or transfer of the couple’s marital home without the parties’ mutual consent an unenforceable restraint on alienation? The Massachusetts Appeals Court recently answered this question “yes” in Bonilla v. Najera, 102 Mass. App. Ct. 435 (2023).
In Bonilla, the petitioner appealed from a Probate and Family Court judgment dismissing his petition to partition the former marital home that he owns with his ex-wife. The Probate and Family Court dismissed his petition because the parties’ separation agreement contained a provision that prohibited the sale or transfer of the marital home without the parties’ mutual consent. Read the full article...
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