Legal Question in Family Law in Massachusetts
relationship law
I am in a 17 year relationship. I have been ready to end it for some time, because we do not share the same idea of cleanliness or intimacy. He refuses to leave. The house is in my name, although he provided the financial assist to purchase. I am emotionally at wits end, but I cannot just throw him out. We have tried to live in separate spaces over the years (up-stairs/downstairs) without success. He is older than I am, and has not worked in a dozen years refusing to go out and do anything (volunteer/part time job), I work full time in a stressful job. I have become an angry hateful person, he just shrugs it off when I talk to him. What can I legally do?
3 Answers from Attorneys
Re: relationship law
You can, in all simplicity, ask him to leave. If you acknowledge that you would be unduly enriched if he was forced out without compensation for his assistance in purchasing the property, you can and should consider a buy-out package or an agreement to sell the property. Otherwise, you could be faced with a costly suit in equity.
Consider mediation.
If he will not leave, your options include seeking to require him to leave through a termination of tenancy (likely to result in a counterclaim to establish his equity rights in the property), or simply putting the property up for sale (likely to result in his gett9ing a lawyer to try to enjoin the sale on equity principals). The success of such moves is doubtful, especially in the latter case. However, he -is- likely to convince a court that you would be unduly enriched, forcing you to either pay an amount to hold the house, or to pay a portion of the proceeds.
All roads lead to a firm but equitable attempt to settle, followed by appropriate legal action if settlement fails.
Finally, you mention anger. The Abuse Prevention Act protects mere room-mates like yourselves against each other. If either of you is violent or threatening to the other, he or she may be ordered to vacate the premises. This is a warning to YOU, really, because the owner of record doesn't get rent just because she has been moved out under a restraining order -- nor does a restraining order against HIM evaporate his equity rights.
Re: relationship law
Since you've asked him to leave and he hasn't, you should seek to evict him. When you seek to evict him, he'll probably seek the profits from the house that you're living in.
Since you admit that he helped buy the house, you might eventually have to split it with him.
Re: relationship law
You have two choices to try to resolve the matter:
Try mediation or counseling to get your problem resolved or him to leave;
or second, you have to evict him.
If you evict him; the issue of his rights to the home given you say he provided financial assistance to its purchase. He may raise the issue of the basis upon which that assistance was given.
Go see an attorney and seek eviction or try to get someone to counsel or mediate the problem for the two of you.
Good Luck