Legal Question in Family Law in Massachusetts

Re: common law ???

There is no common law marriage in Massachusetts, however, you likely have some partnership interests in property acquired together even if your name was not placed on the deed.

Re: common law ???

As has been noted, there is no common law marriage. Your son is due no child support form the man in question, even if you were lawfully married, as he is acknowledged to be another man's. You need to pursue the other man, and can do that.

The answers suggesting an interest in the business are correct. However, you will need to bring these cases on equitable grounds, such as "unjust enrichment." You may well want to take these cases into Superior Court instead of Probate and Family Court, as you can explore the full area of contract, including damages for breach, in that court. You certainly should review all options carefully.

Finally, if the abuse is such that you are reasonably in fear of imminent bodily harm for you or your son, you should be aware that you have the right to seek an abuse prevention order (commonly called a restraining order) under M.G.L. c. 209A.

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Re: common law ???

There is no common law marriage in MA. If your child is actually your significant others child you are entitled to child support. If not, you are entitled to a property interest in the house as well as the business.

As attorney Lee indicated if there is abuse, you can seek an order to protect you and the child. In fact, you may be able to get an order forcing him to vacate the home. You need to speak to an attorney ASAP.

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Re: common law ???

You can leave and then quickly approach the court for child support, and if appropriate, alimony. I would take some of the records of the plumbing business (copy them, if possible) including the tax returns, personal and business, so you can show the court what the numbers look like.

The Court will try to keep you at the same life style you had when you were married, although this is not always possible with two households. If you are being abused or if your child is being abused, you need to get out of that situation. There are shelters where you can stay temporarily that will help you out and keep your address confidential until you start getting some income from your spouse. The police usually have brochures about these.

You do have rights in the house and all the property and bank accounts, too, whether or not your name is on anything. If you file for divorce, that ties everything up, so your husband can't move funds or sell the house to a friend, etc.

: common law ???

If you are asking about commonlaw marriage, it does not exist in Massachusetts. You could have had such a status if you resided for the required amount of time in such a state.

If you are not married, Jerome's suggestions do not apply completely. Your rights are limited. If you need assistance or have other questions, contact me.