Legal Question in Family Law in Massachusetts
Can I legally throw my dead beat husband out of the house if he refuses to work to support our family when he is physically capable of working and bills are going unpaid due to his lack of financial assistance?
2 Answers from Attorneys
I'm sorry to hear that you are going through this.
No, you cannot legally throw your husband out of the house for his failure to support the family.
Obviously, you know that you have the right to divorce your husband, and seek temporary orders from the Court concerning the parties' living situation, finances, etc. If you are not in a position to divorce your husband, you may be able to file a complaint for separate support and maintenance.
You may need to speak to a lawyer in greater detail about your particular situation and options.
You can try to throw him out. However, ultimately if he insists on staying, unless there's a significant safety issue, the family court will not throw him out. And if he has a right to be there, it would seem that it would be difficult to get an order from housing court to remove him. You should consult an attorney on how to proceed.
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