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My son told me a few days ago that he and his wife are separating in Massachusetts. They bought an apartment over a year ago for which his wife's wealthy parents gave them the down payment. His wife is telling him to leave the apartment for some period of time. His name is XXXXX XXXXX mortgage and he has helped pay the mortgage since they bought the apt. He wants to come down to NYC to spend a week with us, take a leave from his job (which he could lose as he is a chef and doesn't have a contract). He has no savings, and she has paid for most of what they own in the apt. Should he leave for a week? Does he have a right to a share of the house if they divorce? He is in an emotional state and thinks his wife will allow him back when he returns if only till he figures something out. But I think she will lock him out and put his things in their storage area. What are his rights in this situation? He signed a pre-nup, by the way.
State/Country relating to Question: Massachusetts Already Tried: nothing
If his name is XXXXX XXXXX deed and mortgage, it is his property and she cannot keep him away without a court order.
I honestly don't know all the particulars of why they have separated except that is emotional distance, nothing involving any kind of physical abuse. But can he actually stay in the apt. for as long as he needs to? She is being quite adamant that she needs space, I think one week isn't going to do it for her, and her father is in a position to get the best attorneys in Boston. You can tell I am a bit paranoid, but does he need to talk to a lawyer yet or should he wait a bit? Thank you.
<p>It is his home - he has just as much right to stay there as she does. He should not leave without first speaking to an attorney because she could be setting him up for a claim of abandonment if he leaves. </p>
Even if he leaves all of his personal effects like clothes, etc. there. That would be abandonment?
As long as he does nor move out, he should be fine.
Attorney
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations