Subscribe

What Happens to the Family Home in a Divorce?

A large concern during divorce consultation is the marital home. What will happen? Can I stay? Will I be forced out? Can I afford it? How will the Court decide to which party the home is awarded? The answers to these questions will often determine the outcome of other issues within the property distribution.

Join me this week for the most frequently posted questions on this topic: What Happens to the Family Home in a divorce?

Let’s start with some initial questions.

 What is a marital home?

House-Plans-Child-FriendlyThis is where the parties lived during their marriage (or during the last several years of their marriage). This can be either an apartment or home, rented or owned.

 What if the deed and/or the mortgage are held in my husband’s name only? Does that make it “his house?”

It does not matter in whose name title is held. What matters is when the home was purchased, with which funds the home was paid for initially, which funds paid mortgage payments and with which funds the home was maintained.

Can I be forced to leave my home during the divorce?

During the divorce, the court will look to bring a status quo to the parties. If the parties are living in the home and that living arrangement is working, in general terms, the Court may order that the parties remain in the home together during the pendency of the divorce. If that arrangement is not working (ie there is fighting, violence, inability to cohabitate), the Court will order that one party vacate during the pendency of the divorce. The party that leaves is most often the party that ultimately remains out of the home permanently, but that is not always the case. If the parties require the Court to determine what will happen, either can file a motion for temporary orders.  See article about temporary orders at this link for Massachusetts.

In our next part of this series, we will cover whether you can keep the home, sale of the home and more.  Always remember to follow us on Twitter  and Facebook!

 

 

Divorce and Drama…oh the Drama!

We laugh about it when we see it on TV.  We shake our heads in disbelief when our friends tell us about it in their lives.  But suddenly, you find yourself in the midst of a divorce and right smack in the middle of a real life reality drama series just like those made...

Protecting Your Children From Sexual Predators – Part III

In our last two related posts, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage or are acquaintances to you or your child.  In this third and final article of this three...

Parenting Your Special Needs Child

Penny and Zach had a stormy relationship from day one.  They argued over food, traveling and holidays.  After they were married, they could not agree on anything except their child's name.    When Baby Levi was 3 and still behind developmentally, Penny sought out...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

New Hampshire Law: Alimony

       Alimony is always hot topic in matters of divorce. Not everyone understands on what basis it is determined and if awarded, how the amount and length of the award is determined.        In New Hampshire, the mystery...

The Safe Driving Law in Massachusetts

There is a lot of press recently about texting while driving all over our country but particularly in the Commonwealth of Massachusetts. Many states have banned texting while driving. There are commercials on TV about texting while driving. There are signs on the...

Surviving Divorce Through the Holidays

Happy Holidays! – even during divorce. ​“It’s the most wonderful time of the year!” During a divorce, or even after a divorce, the holidays can be a very difficult time of the year. Since the holidays are upon us, here are a few pointers to keep your kids happy, save...

What does Child Support Cover: Medical Bills

We are continuing the series about Child Support and the things it covers.  This article will focus on expenses incurred that are outside the actual child support payment but perhaps still required by the court as a form of supporting your child.  Our previous article...

Can I Keep My Home

In the first part of this series, we discussed the marital home and what happens in a divorce to that home.  Click here for our last article- What Happens to the Family Home in a Divorce.  Continuing that series, we will start with the next question which involves...

Cheating Spouse: How Do You Know?

Brad Pitt and Angelina Jolie have been all over the news lately about their divorce.  There have been numerous reasons cited for the divorce.  Everything from drug abuse to physical abuse to affairs.   Both have been married AND divorced more than once.  In this and...

New Hampshire: Child Impact Seminar – Updated Link

In New Hampshire, all parties to a divorce, or any case that surrounds parental rights, activities and/or responsibilities, must attend the Child Impact Program. This program is an educational program.  It is four hours long and discusses methods to help your child...

A Child’s Right to Decide: New Hampshire

New Hampshire: When can my children decide in whose home they want to live? Okay,  New Hampshire readers – I promised you would hear my thoughts on a child's right to decide shortly, so here it is. The law in New Hampshire is different than that in Massachusetts. Read...

Can I sign away my rights to my child?

I am asked the question, "can I sign away my rights to my child" rather often, whether it be asked by the father or the mother of a child. Here’s an example of what I see in my practice: You were in a relationship where a child was conceived and you have been...

How to Complete a Financial Statement

One of the biggest concerns in family court is the creation of a financial statement (or in New Hampshire, a financial affidavit). I see clients stress day after day about the information to include, the necessary documents and the mandated disclosure. Here are some...

Losing Custody of Your Child

Losing custody of your child is one of the most heart-wrenching things a parent can endure.  As a family attorney, I am often asked about the types of things that will result in losing custody of your child.  This article will point out a few actions that can lead to...

What is the role of a Guardian Ad Litem in Massachusetts?

I recently received a question on our website about how much input a GAL (Guardian Ad Litem) has with a judge during a divorce and custody case.  That's a complex issue so rather than write a quick answer to the question, I decided to write about it here on our blog....

The New Tax Bill & Alimony

It's a new year and we thought we would start it off with an article about something that's been all over the news for weeks - the new tax bill.  Some love it.  Some hate it.  Some have no idea that there is a new tax bill.  One thing is for sure: there will be...

Estate Planning in Detail

Since estate planning is on my mind this week, I decided to feature a series of blogs that will give information about the many areas of estate planning in detail.  With these general guidelines and information, it is my hope to lessen the stigma of estate planning so...

Myths of Divorce

If you are considering divorce or even in the middle of one, it's critical that you are receiving good advice.  Advice from family and friends may seem helpful but can lead you down the wrong path.  Tips from the bar around the corner are even worse and sometimes...

Expectations after Divorce

           In a relationship, we have certain expectations of our spouse, our partner and perhaps the other parent to our children. Often, the other party will try to do what you’d like. But what happens when the relationship is no longer? Is it realistic to have the...

Parental Alienation – Things to Watch

Over the recent month I have written about parental alienation in a couple of articles.  It is one of those painful situations for both the parents and the children and it's something that does not have to happen at all.  Often the process begins slowly and builds...

Estate Planning After Divorce

Estate Planning After Divorce After a divorce, the last thing that anyone wants to think about is seeing an attorney, legal matters, planning the future, that sort of thing. The sad truth is that this is probably the most important time to get your estate plan revised...

Should I contact an Attorney about Divorce?

If you’re having trouble in your marriage, you feel overwhelmed.  You feel like it's going to get better, yet it never does.  Your friends and family may be unaware of the true depth of your situation.  Often this is when you may think: "should I contact an attorney...

What Type of Attorney Should I Hire?

This article is part of a series about why it's important to hire an attorney and the reasons behind hiring an attorney.  The purpose of this series is to help you determine the types of situations where a lawyer is most needed and to know when to reach out for...

West Memphis 3 – Reopening of Original Murder Case

UPDATE April 2020: Oxygen Network aired its long awaited show about this case.  It featured Bob Ruff's Truth & Justice working with famed former FBI profiler Jim Clemente and others to re-start an investigation in a manner they believe it should have been done...

What is Sole Custody?

Often people come to me and want “sole custody” of their child.  What does this mean?  Is it often awarded?  Why? How can you convince the Court to award it to you?  Sole Legal Custody in MA:   In Massachusetts, the Court will award “legal” custody, which refers...

I Want to Fire My Lawyer!

If you have every said "I want to fire my lawyer, you are not alone".  Many times during a case it can seem confusing or overwhelming.  If you are frustrated or dissatisfied with your attorney, are not happy with the speed, outcome or method of the case, or are at the...

Supervised Visitation: The Brad and Angelina Case

Brad and Angelina I’m sure you’ve seen recently that Brad and Angelina have made strides in settling their parenting agreement.  Angelina is maintaining primary custody of the children.  Brad will have “therapeutic visits” with the kids.   Basically, that amounts to...

Can a Child Choose Their Parent After Divorce in Massachusetts

Massachusetts : When can my children decide in whose home they want to live? Often I am asked "can a child choose their parent after the divorce"?, so I thought this would be a great topic of discussion.  It is important to remember that each state handles this...

The Importance of an Appeal

Aaron Hernandez, famed football player who was convicted of murder and later, committed suicide has, once again, been in the news.  You may recall that before his death, his murder conviction was working its way through the stages of the Appeal's Court.  Aaron...

What qualities do I look for when hiring an attorney?

Choosing an attorney is not a simple process. Do your best to make a good decision at the outset of your case and you will win in the long run with a respected advocate on your side and confidence in every decision that you make along the way. Generally speaking, you...

Creating an Irrevocable Trust Can Save Your Loved Ones

The words "irrevocable trust" often seem intimidating to many of my clients.  However, when used properly, this can be an effective estate planning tool.   If designed properly, it can prevent an estate from staying tied up in probate for years.  It can help families...

What To Do (and Not Do) If Your Spouse Is Cheating

It’s a difficult prospect to think that your spouse may have strayed from your marriage.  Most people find this shocking and upsetting, not knowing what to do (and what not to do)  if your spouse is cheating.  It's hard to decide at that moment about your marriage,...

Blanchette: Case on Appeal

Recently the New Hampshire Supreme Court overturned the conviction of Ernest Justin Blanchette, a former deputy sheriff charged with sexual assault of an inmate during transport from the Belknap County jail to the state prison for women in Goffstown. This case shows...

Massachusetts: The Alimony Reform Act

A recent hot topic in family law is alimony. I’m sure a lot of you have heard of the proposed legislation known as the Alimony Reform Act. This Act aims to define, clarify and guide the Courts, and the litigants, regarding certain aspects of alimony. Amongst other...

Do I Need a Holiday Schedule?

Question: Do I need a holiday schedule in my parenting plan/divorce agreement? I see this question a lot in my practice, particularly where the parties seem to be working together and getting along well during the time that they are drafting an agreement.  We can work...

MA: Can I Hire a Lawyer During COVID-19

Q: Can I hire a lawyer during COVID-19 with the courts being closed? Can they still work on my family law related case? A: Even if the court is closed, having an attorney assist you is so important.  Most importantly, you should not go through this alone.  Having an...

Post Divorce Parenting: Helping Your Child Succeed

Life for a child of divorce can feel like a war zone. They often feel torn between two people who have completely different opinions and different life styles. The rules can vary from household to household which leaves the child with a sense of confusion and anger....

Avoiding Legal Issues

In my previous article, “What Type of Attorney Should I Hire,” I wrote about the importance of speaking with an attorney early on in your case to maximize any potential outcome you may have as well as choosing the right attorney for the type of situation, rather than...

Does Your Child Need Her Own Lawyer?

There are times during the separation of two parents that a child is completely thrown into the middle of the situation.  Neither parent intends to do this to the child.  In fact, often neither parent realizes that the child is in the middle of their war.  The child...

Should Siblings Be Separated by Divorce

When a couple divorces, it is difficult on the entire family.  Often it can be most difficult for the children of the marriage.  Depending on the age of the children, someone has to decide where they will live.  Typically, couples split and the children stay together...

How to Survive the Holidays During Divorce

The holidays are a time for family.  It's supposed to be a time to look back and reflect on those wonderful memories together.  When you are in the midst of a divorce, or you’ve recently completed the divorce process, it's not always easy to recall those happier...

Kid’s Corner: The “Don’ts”

I’m not a therapist by any means, but I do have children of my own and I do help my clients deal with their children’s issues in the course of my representation during divorce or other family law cases. There are two important lists for kids. First is the “do’s” and...

Massachusetts OUI Laws

People often ask me what can happen in the event they (or a family member or friend) are pulled over and suspected of operating a vehicle under the influence of alcohol.  Here is some information from the Massachusetts website to help explain the Massachusetts OUI...

Missing Mollie – Trial Update

UPDATE According to the Des Moines Register, a trial date has been set for the man accused of abducting and killing Mollie Tibbetts.  The trial date is set for April 16th, 2019.  He is accused of kidnapping and killing Mollie while she was out for a run.  Updates can...

Protecting Your Children From Sexual Predators

Protecting Your Children From Sexual Predators Over the past few years, we have seen horrible stories pertaining to children who were abused by either those they trusted or others, whom they felt they could trust.  In recent months, the singer R. Kelly has once again...

Should my Ex’s New Girlfriend/Boyfriend visit with my child?

You’ve separated from your partner and he now has a new girlfriend. He sees nothing wrong with that girlfriend being present during visitation with your kids. You think that she should not be there. You are not alone. This is a very common issue in the world of...

Divorce and Social Media: Don’t

Whether you are simply contemplating the idea of divorce or in the middle of a full-on legal battle, your best bet with your social media accounts is to disconnect them.  Turn them off.  Shut them down.  Stop posting.  Make it impossible for people to post to your...

How do keep my divorce moving forward?

     This is a common question in my field and it’s one of the most difficult to answer, unfortunately. Divorces can take many paths. The outcome of each case is truly dependant on the parties. So, how can you keep your divorce moving forward...

Prenuptial Agreements: Why Would I Want That?

It's hard to think that a divorce might happen when you are in the midst of planning your marriage and happily dreaming about the rest of your life, isn’t it?  How do you plan a happy life while deciding what to do if it all goes south?  The problem is that most...

Pin It on Pinterest

Read previous post:
Can my husband force me to sell our marital home?

This question is dependent on many factors. The very general answer is that the home will be awarded to one...

Close