Legal Question in Family Law in Massachusetts
General Question
I have been married for the past 27 years. My husband and I were legally seperated about 10 years ago. He moved out of the house and was living on his own for about 5 years. then he asked me if he could move back in with me. For the past 5 years he has contributed no monatary contributions toword the home mortgage, utilities, food. I have paid all of the bills with some help from my children. I keep askeng my husband to leave however he refuses. He states that his name is on the mortgage with mine. so if I want him to leave I would have to sell the house and give him half. I dont believe that he is entitled to half due to the fact that I have been paying the mortgage myself for the past 7 years. How do I get him out of the house, or get him to contribute. he is retired and has a check coming in every month he just wont give me any money for bills. What can I do?
3 Answers from Attorneys
: General Question
YOu have been quite kind and tolerant. There are many spouses that belief that they are automatically entitled to half - this is a premise. However, bad behavior can change this equation.
At a minimum, you can file a complaint for support; at best, you should consider a divorce complaint.
If you need assistance, contact me.
Re: General Question
You should engage an attorney and file a divorce action. In this action, the court will consider equitable (fair) division of the property. If you have paid far more of the mortgage than has he, there is a solid argument that he is not entitled to 50% of the equity.
You should be aware that alimony is at issue in this matter, and that the law in Massachusetts allows the court to order alimony to flow in either direction. This should be discussed with any lawyer you engage.
I regularly practice in Dedham probate and Family Court, and would be happy to consult with you further. My sliding-scale fee rates and other information can be found ayt my website.
Greg Lee
www.gregleelaw.com
Re: General Question
I should add my "oops," in that the court is technically Norfolk County Probate and Family Court, and that it now is located in Canton.
Old habits die hard.
Greg Lee
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
