Legal Question in Family Law in Massachusetts

Leaving the marital home

Ihave an opportunity to take a nice apartment for myself and my two sons(children are adult and not from this marriage). My marriage has been bad for over a year and husband has requested divorce. We own a home with about 70,000 dollars worth of equity to be gained. The home is in my husband's name but was purchased after our marriage. I have been told that I should be entitled to 50% of the equity. Is that true, and would I risk losing any of my share if I were to leave before a filing has been made for divorce? I feel strongly about making this move now because I have much credit card debt and foresee myself not being able to keep up with it and I don't want bankruptcy or other negative debt to compromise my ability to find a place to live. Thank you and appreciate your input.

Halifax, Mass.


Asked on 9/13/06, 8:51 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Leaving the marital home

You risk a number of things. Right now you lack the force of the court to support you. For instance, the husband can sell the property, and maybe invest or do something with the proceeds that you will not know. You will not get support. BY filing for divorce all the property and protections go into effect. Your husband cannot dispose or take actions except in the normal course of busines, and you would be eligible for support, medical coverage and possibly other benefits. The immediate filing for divorce is to safeguard you and your children.

Should you wish to discuss this or have any other questions, contact me in my office at 978.749.3606.

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Answered on 9/13/06, 9:09 am


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