Legal Question in Family Law in Massachusetts

can i be told to vacate the house,with 2 children

had a relationship 6 years with boyfriend.he has abused me,and a restraining order is in place.he has a 2year old boy we both have,together.His attorney has tried to make me immediately vacate the house,and evict me.the judge ruled for temporary stay,in until futher time in court.I have 2 children,and trying to get housing,and nothing available on marthas vineyard


Asked on 4/21/08, 9:40 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: can i be told to vacate the house,with 2 children

If you are given the use of a house under a restraining order, most housing courts will not use summary process to have your removed. However, the court(s) can condition your occupancy on your paying all of the costs of occupancy -- mortgage/rent, utilities, etc.

It may be time for you to consider relocating to the mainland, where there are more apartments and more jobs. This may seem unfair, but you will -eventually- be required to move out of the home if it is in your boyfriend's sole name. It is a matter of time before a court agrees to place the right of ownership first.

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Answered on 4/22/08, 11:46 am

Re: can i be told to vacate the house,with 2 children

I suggest you contact a local divorce attorney and seek, child support from the 2 year olds father as well as seeking control of the house you are currently residing.

Good Luck

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Answered on 4/21/08, 12:52 pm


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