Legal Question in Family Law in Massachusetts

Adultery

My husband committed adultery and I can prove it. I've only been married for four months and the house is under only my name. Can I legall change the locks on the doors so that he cannot enter??


Asked on 9/29/04, 4:15 pm

2 Answers from Attorneys

Len Foy NH Residential Title & Escrow

Re: Adultery

Hi -

Thanks for writing - it's an excellent question. One thing that's not clear to me is whether the house (which you claim is in your name only) is your separate property, that is, property which you brought to the marriage. If the house is your separate property, and not "marital property," then I believe that you may ask him to leave your house, and then sue for divorce.

But by all means - whatever you do - don't do anything too rash, rather than changing the locks simply ask him to leave.

My name is Len Foy and I'm an experienced attorney licensed to practice in both Massachusetts & New Hampshire. If you'd like a consultation, at no initial charge, please contact my office at (603) 434-9910. Or send me an email at "[email protected]."

I hope that everything works out for you -

Regards & Good Luck -

Len Foy, ESQ.

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Answered on 10/01/04, 8:33 pm
David Summer Law Office of David B. Summer

Re: Adultery

No you cannot. But, if you file for a divorce, two of the factors in property distribution is conduct during the marriage and length of the marriage. I suggest you contact an attorney ASAP to discuss this matter and your rights.

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Answered on 9/29/04, 5:05 pm


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