QUESTION
How should I prepare and protect myself legally during seperation from fiance?
Asked on Mar 21st, 2013 on Family Law - Massachusetts
More details to this question:
My fiance(female) wants to break up due to being unhappy. We have a 1 year old daughter and we own a home together. The home is owned jointly with rights of survivorship for herself, her father, and myself. My priority is maintaining custody of my daughter. Ideally, I want to stay in our home permanently in order to remain with my daughter. There has been no attempt to remove me from the home yet by my ex but I think that she expects me to leave. I also want to know my legal rights in regards to the property. My only other voluntary action would be to leave with custody of my daughter in a different residence.
1 ANSWER
In regards to your daughter, the court will determine who lives with her based on her best interests. This is a very vague standard and depending on the Judge you will get a different answer. Without knowing the details of your situation it is impossible to provide advice.
If you and your fiance can be amicable, then there are a couple options. One person can buy the other person out or you can sell the house together. If the two of you cannot agree, then either party may force the sale of the house. This is very expensive because the court will appoint an attorney that will be paid hourly to sell the house.
Answered on Apr 02nd, 2013 at 3:26 PM
Wyckoff Nissenbaum 617-466-6620 somervillelawoffice.com