Legal Question in Family Law in Massachusetts

I have a question. I live with my partner. We are both male, gay and have been together for six years ( livibg together. )...been a couple...he is an abusive ( verbally ) alcoholic. he gave me HIV a bout three years ago. I have stabilized and begun new work. we recently moved to Springfield mass. from CT ...everything is in his name . He has asked me to marry him six years ago. That never happened. When he is drunk, he threatens to kick me out. I have a child ( 14 ( who I share custody of with his Mom ( still lives in CT )...Can he legally " kick me out "...do I have any rights...what are they?


Asked on 8/07/10, 7:19 am

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

Unfortunately the County Family and Probate Courts only have jurisdiction over matters between Parties who are or have been married or issues dealing with children. Massachusetts does not recognize Common Law marriage and therefore you would not have any protection under the Domestic Relations Rules and Procedures.

Good Luck,

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Answered on 8/12/10, 10:59 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

While I agree with the previous attorney that you do not have any recourse under Massachusetts divorce law, you may have certain rights as a tenant if you pay rent. If you are able to hire an attorney, I would be happy to assist you. Otherwise, I would try to make contact with a housing or tenant-landlord clinic who may be able to provide you some assistance.

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Answered on 8/12/10, 1:56 pm


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