Legal Question in Real Estate Law in Massachusetts
Me and my boyfriend of 7 years have seperated. He has decieded to leave the house we own together. However he only took a few things and wanted to leave everything else in the house so he could come and go anytime he wants. I have a 9 year old daughter from a previous marrige and didn't want her disrupted anymore than necessary. I have packed up, labeled and moved all his stuff into an enclosed sunroom in the back which he has a key for and have changed the locks on the main house. Am I allowed to do this even? He has been on and off medication and appears not to be stable which is why I do not want him in the main house. Also what happens in regards to the appliances we own together. My thought was since the house was being foreclosed on that once it is he could have the appliances then. He is of course arguing that he is leaving and wants them now. Any advice on the correct way to do this without causing too much distress?
2 Answers from Attorneys
If the home is in foreclosure, the appliances that are built in are considered part of the home. The refrigerator, assuming it is not built in can be taken at any time. If he takes the appliances after or even before foreclosure he does so at his risk.
He has a right as an owner to access, if however, you feel he is threat to you or your child you can seek a court order requiring him to get his stuff and leave you alone.
Retain an attorney to negotiate a separation/property division agreement. Good Luck!
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