Legal Question in Family Law in Massachusetts

Divorce in MA

if husband left the martial home 2/2001 and left me with 2 - 18 month old twins and at that time I was unemployed (I am a contractor), and we file legal separation 9/2002, and child support was determined based on me not having an income with at that time 2- 2.5 year olds, and now since we are still not divorced and I have paid 100% of the house exp. and maintainence - is he still entitled to 50% of the 'profit' of the home and not 'less' the up-keep $ I put in by myself?


Asked on 2/04/07, 10:00 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Not Divorce in MA

If you file for divorce, the court can take into account the money that you spend toward the house. By waiting, you have allowed some of his interest in the house to increase.

This among other issues will have to be determined by the court. It is unclear what you mean by maintenance and expenses?

If you provide me with more information, perhaps I can better understand your situation.

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Answered on 2/04/07, 10:06 pm
John DiPiano DiPiano Godson LLP

Re: Divorce in MA

The answer depends on additional facts. In a divorce context (which you should strongly consider pursuing now) the court will consider contribution to the acquisition, maintenance and preservation of assets. With respect to the home, when was it purchased, who placed the downpayment, etc. The longer you wait, the more H's interest may vest. However, contribution in the context of a separation is a very important issue. Sevides v. Sevides is the controlling case on this point. I don't have the case cite at my fingertips, but that case should apply to you situation, if my memory serves me correctly. If you would like to discuss this further, you may feel free to contact me. In any case, I wish you luck.

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Answered on 2/04/07, 10:15 pm


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