Legal Question in Family Law in Massachusetts
Can I stay in the marital home?
Married 7 years; have separation agreement in place with temporary orders. The house/mortgage is in both our names. We have 2 young children, one of them is disabled and needs to attend special school nearby the house. There is hardly any equity left, and both of our credit ratings are ruined; can't buy each other out.
Husband wants to sell the house to payoff bills and start fresh. I want to remain in the house so that the children have continuity in their lives. I cannot afford to rent near my dissabled child's school (rents are as high as the mortgage payment, and the area is dangerous). I have proof that my husband's conduct during the marriage was poor and intimidading (husband admited to it in writting).
What are my chances of a judge allowing me to stay in the marital home, until kids reach 18 or until I am able to refinance and buy husband out?
1 Answer from Attorneys
: Can I stay in the marital home?
This is a touch call.
From what you say, it seems that even if this was an option, you may not be able to afford staying there.
In essence you are asking to stay in the house for a substantial time.
That your husband showed bad behavior is not a factor that the court usually considers when making such an order.
I do not understand the interplay between the temporary orders and the separation agreement. The latter is usually a document that is presented to the court, when seeking a final divorce decree.
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