Legal Question in Family Law in Massachusetts

Re: 19 year relationship split

I would contact an attorney who is knowledgeable in what is commonly referred to as palimony cases.

You said he asked you to leave, but I was under the impression he was staying with you.

I suggest you contact an attorney in your area to discuss the matter.

Good Luck.

Re: 19 year relationship split

Unfortunately, these are not the sorts of facts that will get much in Massachusetts. Our statutes and courts make very clear that we have either a civil contract of marriage "signed" by a proper ceremony and license, or we have adults who are in essence refusing that contract.

Your mother may have some rights on equitable grounds under certain theories, but these are rights limited to the value of services she provided to the injured man, and possibly -- just possibly -- to the value of opportunities she gave up in reliance upon promises he made and which can be proven. She should see a lawyer about whether it will be worthwhile to assert these rights, and what court she should go to. I have just finished briefing an appellate case on this topic, and I have to make clear that these rights are LIMITED, and the case of proving them requires exceptional work on the part of a diligent attorney.

Re: 19 year relationship split

Also, I need to note very specifically that the first answer uses the slang "palimony," and my recent submersion in the equitable concepts makes me suggest great caution in using the term in interviewing attorneys. It suggests that the 19 years is the equitable equivalent of marriage save the lack of a license and ceremony -- and our SJC has unequivocally rejected such a concept. Indeed, that unequivocal rejection in the 1990's made the SJC's decision on same-sex marriage inevitable, because it limited the contract of marriage. Nothing is enough to get divorce-like remedies except a lawful marriage.

Massachusetts has expressly rejected the "Marvin v. Marvin" theory from California, which is commonly referred to as "palimony." The only way to get something is to fit the case into the "square pegs" of equity: unjust enrichment, quantum meruit, restitution, and so on. If the case can't be expressed in these terms, without reference to the cohabitation as such, it is easier to defend the $5,000,000 than to get a piece of it.

In addition, your attorney should check to see if your mother and the gentleman resided for any period of time in one of the rare states that recognize "common law marriage," and what exact version of common law marriage is accepted. However the engagement is an argument against the fact that either ever considered them to be actually married, which is usually a touchstone of common-law marriage.

Massachusetts does NOT recognize any form of common law marriage.