Legal Question in Family Law in Massachusetts
My husband bought a house a year before we were married and I moved in. Over the last 18 months I have be helping him update the house and finished the basement. He moved out on me three weeks ago. Now he wants me to move out and he wants a divorce. I am still living in the house. Am I intitled to any part of the house or is it his?
2 Answers from Attorneys
In Massachusetts, all property of the parties is considered marital property and is subject to equitable (fair) division by the Courts in a divorce. It is possible that he will be awarded the physical house, but the value of the house will be considered by the Judge in making a fair division of all property and assets. You should speak with a lawyer.
Mr. Vaughn-Martel is correct. Since the home was part of the marital estate, you both lived there, it will be considered as part of the marital assets and part of the equitable distribution of marital assets.
He cannot require you to move out of the home without the consent of a court and if you are getting a divorce, he will need to get the courts permission to force you to leave.
I suggest you contact an attorney ASAP.
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