Legal Question in Family Law in Massachusetts

Hello,

Your husband having his name on the title on the house does not mean that you do not have rights to the home you live in. When two Parties are married, any property owned in either one of your names, or both of your names is considered a part of the marital estate. Absent a court order, your husband cannot make you leave the home.

If you are interested in a free consultation, please contact my office at 978-276-0777 to schedule a time convenient for you.

I'm sorry you find yourself in this position.

My best advice is for you to speak with a family law attorney immediately. Based on your zip code, I live in your neighborhood of Dorchester, and our office is located in Boston's South End neighborhood.

A couple major points. So long as you are married, ANY property ownedy by you or your husband belongs to both of you. That means that it is not HIS house, even though his name may be the only name on the deed. If the parties are no longer getting along and divorce seems likely, it is typical for one party to move out. However, it would be typical for the primary caretaker of your children to remain in the marital home together with the children.

You really should retain counsel to protect you and the children going forward, but you cannot be made to leave the home. Good luck!

You do not have to leave simply because your husband tells you so. Virtually any property acquired or used during the marriage is considered marital property subject to equitable distribution between the spouses. Equitable distribution means fair, but not necessarily equal, distribution. The mere fact that only your husband's name is on the deed does not mean that it is not marital property or that you do not have property rights in your home. You should consult with a family law attorney as soon as possible.