Does she have rights to my house?

[hdsportster444]

What is the name of your state (only U.S. law)? Massachusetts.
Hello. I am trying to figure out if my wife has rights to my house. We are not divorced, yet, actually haven't even filed. It has been mentioned a few times, but she says things like "I don't want to go through that right now, etc." I am not sure if this is just laziness, or not. She left the house 25 months ago. At the time, when we decided to split up, I gave her the option of staying in the house, and I would have left. She decided that she wanted to leave, so she found an apartment, signed a lease and left. The house was purchased almost 4 years ago, solely in my name. I have lived in, and paid for the house for the past 25 months. I have a 15 year old son who lives with me. I have no support arrangement with her, but she occasionally takes him shopping to help out. She earns more money than I do. At first when this came about I was afraid I would not be able to afford the house by myself, but I have never even been late on a mortgage payment.
I now have a girlfriend who lives in the house with me. My wife sometimes gets angry and threatens to get her kicked out of "her" house. She claims that an attorney told her that she can do that, and that it is her house.
I spoke to an attorney at the courthouse, where they give free advice, and she said that it is MY house, and she has no rights to it, other than perhaps some equity from the time that she was living in and helping pay for the house.
I am not sure who to believe. Not sure if she actually spoke to an attorney? If so, was he or she wrong? Was the attorney at the courthouse wrong?

 

[single317dad]

She has the right to return to the marital property unless there's a restraining order or you produce other good cause to the court for her to be removed. She would face difficulties forcing your guest to leave, but the three of you together in the home would be awkward to say the least.

The chapter addressing orders to vacate the marital home (not necessarily applicable to you):
http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section34B

On a personal note, I would recommend you finish one marriage before practicing for the next one.

 

[LdiJ]

She has the right to return to the marital property unless there's a restraining order or you produce other good cause to the court for her to be removed. She would face difficulties forcing your guest to leave, but the three of you together in the home would be awkward to say the least.

The chapter addressing orders to vacate the marital home (not necessarily applicable to you):
http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section34B

On a personal note, I would recommend you finish one marriage before practicing for the next one.

I agree with this but I will expand. I agree with the attorney that you spoke to. The house is yours and at most she would share in any equity that accrued during the marriage. This is not likely to be much, due to the housing market problems in the last 4-5 years. Its not HER house, but it is the marital residence and she has the right to live there until a judge says otherwise. Its probably time to file for divorce whether she cooperates or not. You don't need her to cooperate to get divorced.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Massachusetts.
Hello. I am trying to figure out if my wife has rights to my house. We are not divorced, yet, actually haven't even filed. It has been mentioned a few times, but she says things like "I don't want to go through that right now, etc." I am not sure if this is just laziness, or not. She left the house 25 months ago. At the time, when we decided to split up, I gave her the option of staying in the house, and I would have left. She decided that she wanted to leave, so she found an apartment, signed a lease and left. The house was purchased almost 4 years ago, solely in my name. I have lived in, and paid for the house for the past 25 months. I have a 15 year old son who lives with me. I have no support arrangement with her, but she occasionally takes him shopping to help out. She earns more money than I do. At first when this came about I was afraid I would not be able to afford the house by myself, but I have never even been late on a mortgage payment.
I now have a girlfriend who lives in the house with me. My wife sometimes gets angry and threatens to get her kicked out of "her" house. She claims that an attorney told her that she can do that, and that it is her house.
I spoke to an attorney at the courthouse, where they give free advice, and she said that it is MY house, and she has no rights to it, other than perhaps some equity from the time that she was living in and helping pay for the house.
I am not sure who to believe. Not sure if she actually spoke to an attorney? If so, was he or she wrong? Was the attorney at the courthouse wrong?

Recommend you HIRE an attorney, file for divorce and petition for exclusive use of the house, child support and alimony.

 

[ecmst12]

Were you married when the house was purchased?

 

[Ohiogal]

I agree with this but I will expand. I agree with the attorney that you spoke to. The house is yours and at most she would share in any equity that accrued during the marriage. This is not likely to be much, due to the housing market problems in the last 4-5 years. Its not HER house, but it is the marital residence and she has the right to live there until a judge says otherwise. Its probably time to file for divorce whether she cooperates or not. You don't need her to cooperate to get divorced.

How long have they been married LD? Especially if the 15 year old son is THEIR child. If he bought the house during the marriage it is marital property and it is possible that she COULD be awarded it in a divorce.

 

[ecmst12]

I'm thinking the child isn't hers, but not sure about the house since OP didn't say how long they've been married.

 

[LdiJ]

I'm thinking the child isn't hers, but not sure about the house since OP didn't say how long they've been married.

Somehow I had the impression that it had been just a few years. If they have been married 15 plus years then unless he used separate property to purchase the home, its marital. However, he clearly purchased it only 4 years ago so again, its got little equity at this point...and could even be upside down. Since an attorney, in HIS state, told him that its HIS house, and she is due equity only, then we should probably accept that.

 

[single317dad]

I think there are two groups of people arguing two separate issues here: The right of the wife to return to or maintain any control over the marital residence, vs. the division of the marital property. In rereading OP's post, I can see where he sort of drifted between the two as well. He may not have been asking his attorney the right question.

 

[HomeGuru]

Or he maybe he does not have the right attorney.

 

[hdsportster444]

I know this post is very old, but I am revisiting it, and clarifying some.
It's been 3 years since she moved out. Our son is now 17, 18 in 5 months.
At first, she moved out and both of my kids went with her. One kid is out on her own now.
At the time when my girlfriend moved in, my son was not primarily living with me, it was more like a part time thing. A couple months after she moved in, he came to me and said he wanted to live with me full time.
I have recieved very little support from her, and I don't care. The house is the issue.
I don't know if she is actually speaking to an attorney or not.
My main questions are, can she have the girlfriend kicked out? If I split up with the girlfriend and kicked her out, can the ex wife show up and say "I am going to live here now"?
We get along fine when the girlfriend is not stirring up trouble. I just CANNOT live with my ex wife ever again. I feel much better since she left.

 

[Ohiogal]

I know this post is very old, but I am revisiting it, and clarifying some.
It's been 3 years since she moved out. Our son is now 17, 18 in 5 months.
At first, she moved out and both of my kids went with her. One kid is out on her own now.
At the time when my girlfriend moved in, my son was not primarily living with me, it was more like a part time thing. A couple months after she moved in, he came to me and said he wanted to live with me full time.
I have recieved very little support from her, and I don't care. The house is the issue.
I don't know if she is actually speaking to an attorney or not.
My main questions are, can she have the girlfriend kicked out? If I split up with the girlfriend and kicked her out, can the ex wife show up and say "I am going to live here now"?
We get along fine when the girlfriend is not stirring up trouble. I just CANNOT live with my ex wife ever again. I feel much better since she left.

You need to answer the questions:
1) How long have you been married to her?
2) Are the children HER children as well as yours?
3) How was the house purchased?

 

[TigerD]

I know this post is very old, but I am revisiting it, and clarifying some.
It's been 3 years since she moved out. Our son is now 17, 18 in 5 months.
At first, she moved out and both of my kids went with her. One kid is out on her own now.
At the time when my girlfriend moved in, my son was not primarily living with me, it was more like a part time thing. A couple months after she moved in, he came to me and said he wanted to live with me full time.
I have recieved very little support from her, and I don't care. The house is the issue.
I don't know if she is actually speaking to an attorney or not.
My main questions are, can she have the girlfriend kicked out? If I split up with the girlfriend and kicked her out, can the ex wife show up and say "I am going to live here now"?
We get along fine when the girlfriend is not stirring up trouble. I just CANNOT live with my ex wife ever again. I feel much better since she left.

It's been three years and neither of you have filed for divorce? Interesting.
Priorities...

DC

 

[anearthw]

Have you not filed for divorce yet?

If not, why are you dragging this out? Why would you continue to debate this house issue instead of getting it resolved through proper divorce proceedings?

 

[not2cleverRed]

File for divorce, sell the house, split the proceeds in an equitable way, and move on.

We get that you don't want to live with her, but get the paperwork done. It's nice that you can make the mortgage payments, but in order to keep the house, you have to buy out her share of the equity in the house. While you're paying those mortgage payments and not filing the paperwork, equity it be a building.

Until someone files for divorce here, it is unambiguously marital property. It was purchased during the marriage, most likely using a down payment that involved some amount of money that was accrued during your marriage. By your own admission, she contributed to the mortgage prior to moving out. So no, it is not solely yours.

Until someone files the paperwork, commenting about child support - or lack thereof - is irrelevant. There is no court order for child support, so it need not be even mentioned. Unless, of course, you have been sending child support for the child still living with your wife.

It is very possible for a father to get the house and the kids in MA - I've had 2 female relatives who had that happened to them in MA, and frankly, the judge's ruling in both those cases made sense. At this point, the fact that you've been making mortgage payments and she has not been living there is in your favor, so get the paperwork done rather than procrastinating.