Legal Question in Family Law in Massachusetts

My wife and I have separated. We both are still living in our home and my wife is constantly threatening to make me leave. We have a 12 year old daughter that i have been the primary caregiver of. My wife and I made the decision years back to have one of us stay home to raise her and since she was the one with benefits at her job I stayed home. Can she make me leave our home if I now gain employment to handle our current mortgage? What rights do I have at this point to stay in our home?


Asked on 1/21/10, 7:17 am

2 Answers from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Either one of you can file a motion to the have the other vacate the marital home at any time. There are several factors that will be taken under consideration when deciding who will continue to reside in the marital home. It is definately beneficial for you that you are and have been the primary caregiver of your daughter. Household income (including your wife's) is also a big factor.

I suggest that you speak with an attorney in greater detail immediately to see what all of your options are. If you would like to give me a call at 617-523-3200 I would be happy to give you a free consultation.

Thank you,

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Answered on 1/26/10, 7:45 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

The threat is destabilizing and barring a good reason, it is not likely the court will get involved.

I assume a complaint for divorce has been filed?

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Answered on 1/26/10, 8:31 am


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