Legal Question in Family Law in Massachusetts

Living together laws

My fiancee and i live together. the house we live in is in his name,however we moved in at the same time. we are in the process of breaking up i cannot afford an attorney at this time. I need to know legally how much time do i have to move out and am I entitled to any of the equity in the house?


Asked on 1/14/06, 11:23 am

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Living together laws

Under MA case law, you are not entitled to any benefit of the divorce statute for division of marital assets.

If you paid anything towards the house (deposit, expenses of repairs or medifications, you may be able to get some of that back on the grounds of what lawyers call "unjust enrichment."

If you paid anything resembling monthly rent, you may be a tenant at will and he would have to evict you through the usual court procedure ('summary process"), which can take two or more months. If you have not paid anything resembling rent, you might be considered a tenant at suffrance, which would mean a short notice to quit and a speedy hearing in district or housing court. If the action is brought in district court, you should transfer it immediately to the housing court, which will get you at least two weeks more. See: http://www.livejustice.org/

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Answered on 1/14/06, 6:11 pm


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