Legal Question in Family Law in Massachusetts

Common law

My sister has been living with someone for 15 yrs. They own a business and building together, however he is the only one on the house. My sister was living there prior to him buying it. Is there common law in massachusetts and if not is there anything that protects my sister? Does my sister have any rights to the house.


Asked on 3/08/07, 6:52 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Common law - Not in Massachusetts.

If their relationship was nearly always a Massachusetts one, then she is out of luck.

Your sister has no direct legal connection to the house. This view is based on what you described.

However, there may be other connections or links to the property. While this is not apparent from what you said, it is something that could be elicited from an interview with her.

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Answered on 3/08/07, 10:53 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Common law

There is no common law marriage in Massachusetts.

As to the home, she is not in the best of positions. With that being said, if she can prove contributions i.e. she provided the down payment, contributed to the taxes, maintenance, etc. she may be entitled to something. However, the court could consider this her rent obligation. She should consider discussing this with an attorney.

Sincerely, Maria Murber

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Answered on 3/09/07, 6:42 am

Re: Common law

Massachusetts does nto recognize "common law " marriages unless they were valid in the state that they were entered into (Massachusetts is not one of those states). If the two of them were to marry there would be a strong presumption that the home was a marital asset given their years of cohabitation and presumed intent to ultimately formalize the relationship beyond dating. Right now, your sister's status is between Tenant and roommate when it comes to the house.

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Answered on 3/08/07, 7:09 pm


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