Legal Question in Family Law in Massachusetts

Rights of residence

My lease is in my wifes name. Can she force me out of our home if there is no restraining order or any other acts of violence.

I just got out of the hospital and need to recuperate before I can return to my job of 20 years. I had my own home and allowed my wife to convince me to give it up before we moved in together.

I'm willing to live as a roommate with my own room until I recuperate and can afford my own place again. Can I move back into this home under these circumstances?


Asked on 10/27/08, 12:59 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Rights of residence

Regardless of the name on the property, you cannot be forced to move out unless the court has evidence to show that you in some way threaten your spouse with violence (abuse prevention) or, in somewhat wider circumstances, that you pose a real threat to her health and well-being. By the same token, you could (in theory, at least) get the same result from the court.

I -do- urge you to ask yourself this: "Will I heal better there or with a friend? Should I file a case now and get temporary support?"

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Answered on 10/27/08, 1:52 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Rights of residence

As a married couple you have equal rights to marital property. If your wife is refusing to permit your return, in essence, she is ending the marriage, and you should act accordingly.

BE CAREFUL!

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Answered on 10/28/08, 8:21 pm


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