Legal Question in Family Law in Massachusetts

I recently got divorced and my ex insists on staying with me refuses to leave my home. He now wants to buy the house adjoined to mine , its a townhouse and live right next to me. He refuses to let me go and is always at my house helping with the kids then refuses to leave. What can I do ? Is there any way I can stop him from buying the other half of where I live. I feel like I will never move on and be able to date with him being right next to me. He is forcing me to be with him, is that even legal and what can I do legally to stop him from stalking me


Asked on 7/21/11, 8:55 am

2 Answers from Attorneys

Your divorce decree should have addressed who had exclusive use of the marital home and whether the parties will live separately. If it did not, have your attorney go back and address that issue.

As for preventing the purchase of a townhouse unit, the court will not do that unless there is a compelling reason; it is not uncommon for divorced parents to live near each other for the benefit of the children having easy access to both parents. You could opt to purchase the townhouse unit yourself (and use it as rental property) or find another buyer who will out-bid your ex.

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Answered on 7/21/11, 9:11 am

First, if you got divorced and you own the home, why is he staying with you?

Didn't he agree to vacate the premises?

Call your divorce attorney and get him removed from the home. If he can't help, then call me or another attorney to assist you in getting him removed from the home.

As to stoping him from living next door, unless you can demonstrate that he is a threat to you or your children, you cannot stop him.

However, when your attorney goes to seek his removal from the home, he can ask the court that he be prevented from buying a home within a 1000 feet of your present home. It may not get him out of the complex but it will remove him from next door. There is no guarantee the court will issue such an order.

Good Luck

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Answered on 7/21/11, 9:12 am


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