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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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