What rights do I have to my house if my husband and I leagally separate?

UPDATED: Jun 26, 2012

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What rights do I have to my house if my husband and I leagally separate?

He says that he will not move out. We have 2 children and I would like to stay in the house for them if possible.

Asked on June 26, 2012 under Family Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you wish to legally separate fronm your husband, your rights with respect to the family home that you are writing about are dictated by the name of the person in whose name legal title to the property is in and whether or not you have a marital interest in the home if your name is not on legal title to it.

I suggest that you consult with a family law attorney as to your options concerning the legal separation you desire and the ability for you and your children to remain in the family home without your husband if there is a legal separation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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