Does My Husband have to Leave Our Home if I File for Separation?

Question:

I bought a house, then 1 year later I got married, 1.5 years later I am contemplating divorce. I am the only one on the deed and mortgage. Equity is $5000 or even less depending on comps in the area. We do not have children together, but do have children living with us from our previous marriages. I am the breadwinner, and out earn him 2:1.

Answer:

In Massachusetts parties do not need to be separated or living apart to file for divorce.  Also, in Massachusetts, title to property – here, the deed to your house – does not control its disposition in a divorce.  The Court has authority to transfer none, some or all of a party’s assets to the other to reach an equitable division of the assets and liabilities.  In a short-term marriage such as yours where you have little or no equity in the home, there is a strong likelihood that you would be able to retain it as part of the division of assets. Selling it with only $5,000.00 in equity would actually cost you and your husband money (since the proceeds from the sale would not cover the cost of the broker’s fee and other items).

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Mansfield, Massachusetts Divorce Lawyer.  This does not consent an attorney client relationship.