Legal Question in Family Law in Massachusetts
The house was purchased before we got together, refinanced when i moved in with him, and then we married. I can not prove infidelity, but I have emails confirming suspicious behaviors. We have only been married since 7/08. Am I required to pay him rent and utiliites, can he evict me before a divorce is complete. Also, what are my chances of the judge letting me stay in the home until June so I can relocate my children to arizona without causing them school headaches??
2 Answers from Attorneys
You don't mention whether you are on the title to the home with him. If you are, then he cannot evict you. The children will likely be permitted to stay in the family home with either both parents, or with the parent who is their primary caregiver. You should really speak with an attorney as soon as possible.
It sound like there is a divorce. No, he cannot evict you. Whether the judge lets you stay, and how the bills get paid is something that needs to be addressed with the court.
Relocation can ONLY be done if the father agrees or if the court permits. Do not do it alone.
Infidelity may be a major source of concern for you, but it is not as much of concern to the Court unless there is something about this conduct that has adversely impacted the children. Now you have children with this man which must have been conceived before the marriage.
There is more to this then you said, and if you have questions, call me.
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