If my ex-husband moved back into our marital home without my consent 2 years after we divorced, was that legal?

Unfortunately for me, we never sold our marital home after the divorce my 2 children I have resided there

Now he took over, stopped child support and changed all the utilities, bills, etc. into his name; he has taken over

completely. There’s been no child support for over 21/2 years since he barged back in.

Asked on December 26, 2018 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If he is still on the home's title, it is legal unless he is violating a court order (such as one from your divorce) barring him from doing so. In the absence of a court order to the contrary, anyone who is on the title of a house may live there.
If he is not on the title, however, and there was no order, settlement, etc. from your divorce allowing him to live in the home, he has no right to be there and you could remove him--if he won't go voluntarily, you could bring a kind of legal action traditionally called an action "for ejecment" to get a court order (a "writ") that is enforceable by law enfordement to remove him.
If he has not paid amount required to by a divorce, you could bring a legal to hold him in contempt of a court order or to enforce a settlement agreement--you can get the money he should have paid. Speak to a family law attorney about enforcing your rights.


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