Legal Question in Family Law in Massachusetts

Re: divorce/realestate

She has a theoretical right, but she will have a hard time convincing the Court that she is due a lot.

As she is not on the deed, you can certainly tell her to stay out. The deed in your sole name gives you that right.

As to the divorce itself, you should get it started, and right away. The court can enter temporary orders confirming your status as having physical custody and so on.

I would be happy to have an in-office, free, no-obligation consultation with you.

Re: divorce/realestate

While she has a theoretical right to claim an interest in the home, you have a very strong argument that she made a knowing gift of the property to you and abandoned her rights to the home.

I would suggest you file for divorce and seek a temporary order for physical custody as well as a request for temporary child support from your wife.

I would be happy to meet with you without obligation to outline your rights with respect to your divorce.

You should get an attorney as soon as possible.

: divorce/realestate

Yes, she has many rights, including to what the court may deem to marital property.

There may be defenses that you have to her claims, and as the situation unfolds, you should engage an attorney.

If you need help contact me.

Re: divorce/realestate

While she does technically have rights, she most likely isn't entitled to any equity or appreciations in the property starting from when she left till the present day. You should speak with her first to really get a handle on what it is that she wants, that way you can make more informed choices.

If you two can agree on a joint, uncontested divorce, then maybe you two can negotiate a mutual agreement and there need not be unnecesssary fighting and attorney's fee. It can get expnsive if you start fighting before you really understand what each other wants.

Even with the help of an attorney, situations like this is mostly about negotiating a common or middle ground.