Legal Question in Family Law in Massachusetts

If you just "separate," no. Massachusetts does not recognize "separation" as a separate legal status. You are still married.

If you mean that you are getting divorced, the answer changes to "maybe". The courts split the marital estate equitably. They put all the assets, whether jointly or individually owned, into one big pot and divide it up how they see fit. A lot of factors go into the decision, including factors about the marriage, the asset itself, and the financial situation of each of you post-divorce. It will matter, for instance, how long you were married, whether you owned the house before you got married, whether your spouse will be in the poor house, etc.

But more than likely, especially if you hire a lawyer, the issue won't be left up to a judge to parce through. Ideally, your lawyer will negotiate a separation agreement that will allow you to keep the house, along with any other things that are of particular importance to you.

I would be happy to assist you. Please feel free to call me at 617-859-8966 or email me at [email protected].

A judge can order a sale pursuant to divorce. This depends on how the other property is divided, whether there's alimony, and other factors. But if you're only separated, he cannot get a court to order you to transfer the property to him. Your best bet is being proactive and getting a divorce consultation.