Legal Question in Family Law in Massachusetts

Re: Living in in-laws' house after getting restraining order against husband

You did not say how you got your husband to leave permanently, so I am not able to give you much of an answer. If you had a lawyer, you should have asked him/her.

Removing him from the house did not deprive him of his ownership interest, if he has one. It sounds like neither you or your husband is on the deed. Was there an agreement that you would own the property at some point, or are you just paying the equivalent of rent?

If the in-laws own it by themselves, they can bring an eviction action ("summary process" in Massachusetts). They would have to give you at least 30 days' notice, and if it is not brought in Housing Court, you can tranfer it to the Housing Court. If they give a reason, other than nonpayment of rent, they have to prove the reason is true, although they do not need to give a reason. The court can give you up to 6 months to get out (rarely more than 2 or 3 months). Nonpayment can be done with a 14-day notice, and the court will not give you more time.

You can file for divorce, which will allow you to have the probate court order that you can live in the house until the youngest child is emancipated (married, in the armed forces or earning his/her own living), although the in-laws may have some say in that. If the in-laws are supporting your side, you should have no problem. If the in-laws are not living there also, and don't need their investment back right away, the court might allow you to continue there, although I can't guarantee that. You will be responsible for the mortgage/rent and utilities and upkeep, unless the court orders otherwise. You will be able to get child support and perhaps alimony, but you did not give any financial information, so I can't say.

You may be able to reach an agreement with the in-laws for a date to move out.

Re: Living in in-laws' house after getting restraining order against husband

You state above that your in-laws are "also" on the deed. Is that correct? If you or your husband is on the deed and the original "intent" was that this home be the marital home, that would most likely have to be proven in court. However, if your husband is on the deed that property whether prior to or after marriage becomes part of the marital assets (to be divided and determined by the family probate court). Of course, your in-laws have a right to be indemnified for their portion of the interest they have invested in the home. Was your in-laws contribution intended as a "gift" or to maintain "interest" in the property with you and your husband? In any event, if you have not retained an attorney or taken any action in filing in the Family and Probate court for a Complaint for Separate Support or Divorce, I suggest you do so before eviction actions are set forth. The Family and Probate Court may be able to estop any eviction proceedings pending determination of whether or not, your home is a marital asset. If you are not represented, I suggest you seek counsel immediately. There are entities that can refer you to attorneys with lowered fees based on your income. If you are interested please feel free to email me ([email protected]) and I will point you in that direction.

Sincerely, Maria Murber