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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42890
Experience:  30 years in civil, probate, real estate, elder law
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My wife left me 15 years ago, we never devorced. Now she

Customer Question

My wife left me 15 years ago , we never devorced . Now she wants to move back in , not get back together just move in and live here . The house is still in both of our names but she abandon me for 15 years . Do I have to let her move in or can I keep her out ????
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: After she left she moved to N.C. with boy friend , he died she sold house and moved back up here and has been living with our daughter .
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

This is marital property if you never divorced and divided the property.She has right to use of property here your remedy is to file for divorce and resolve the matter.Otherwise this is marital property even if she left awhile ago she still has rights until you file for divorce here and have judge resolve it all or settle.You may want to consider filing for divorce to end this situation as you are in no mans land as it is since you are legally still married and she has rights too until resolved. No abandonment because you are still legally married.Anything either of you earned here or purchased is potential marital property and subject to division including retirement.

I appreciate the chance to help you today.Thanks again.

If you can positive rate it is much appreciated.

Expert:  Ray replied 2 months ago.

Divorce lawyer for you here

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Expert:  Ray replied 2 months ago.

In Massachusetts, courts may divide “marital” propertyequitably (fairly) between the spouses upon divorce. Marital property includesany income, assets, and property acquired by either spouse during the marriage.It does not include any “separate” property, which is all income, property, andassets acquired before the marriage. Separate property stays with the spousethat acquired it, and is not divisible by a court.

Courts will divide marital property equitably, which meansin a way that they believe is fair under the circumstances. Courts consider several factors when makingthis decision, including:

  • the length of the marriage
  • the age and health of the spouses
  • each spouse’s income, education, and past,current, and future employment (earning ability)
  • each spouse’s contributions to the acquisition,preservation, and appreciation of assets
  • the spouses’ station in life during marriage
  • conduct during the marriage
  • current and future incomes and financial needs
  • current and future property interests
  • either spouse’s contributions as a homemaker,and
  • the unmet future needs of children.

Although courts seem to divide assets more or less equally, they do make exceptions, for example, in cases involving misconduct that had a financial impact on the family. So, if one spouse spent thousands of dollars in marital property on gifts for a lover, a court may award the “innocent” spouse a greater share of the marital property.You may get more here if you made the house payments for this period of time you are married.