Legal Question in Family Law in Massachusetts

Removal of Property

Married 8.5 years; husband has NOT filed for divorce yet to my knowledge (I have not been served). He has moved in with a co-worker. He is threatening to come back to the house and take ''everything he has paid for'' on Sunday, August 7, 2005. I told him that he needs to file, give me papers, then we decide on how the items are divided. He has threatened to take everything from the couches to the appliances. Our financial situation is as follows: he makes twice as much as I do, so he did purchase many of the household furnishings. But this was while we were married. My income supported the house with food, electricity, water, phone, entertainment. I understand that everything is OURS. We own our home, BOTH of our names are on the home. So, what I want to know is, is there anything I can do to prevent him from just walking in here when I'm not home (I have to work on Sunday) and taking everything? I talked to a lawyer in my area, but they want a $2500 retainer to go to court and get an emergency order to prevent that. And they want ME to file for divorce (which is not what I want). I just want to be protected from coming home to an empty house. Thank you for your time and your response.


Asked on 8/05/05, 12:18 am

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Removal of Property

As a practical matter, unless you have someone at the house all the time to call the police when he comes, you cannot stop him.

You can apply for a restraining order in probate or district court, but if you have no fear of harm to yourself, the judge may not grant it.

Your best bet is to file for divorce, which automatically stops each party from changing anything (property, accounts) until further order of the court. My fee for a straightforward contested divorce is $1000, unless there are lots of assets besides the house.

Incidentally, just because a couple is married does not mean that all the property they have is owned jointly. If something was given to you or purchased by you, it's yours. Same for him.

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Answered on 8/06/05, 10:59 pm


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