My Husband Won’t Move Out of the Marital House

Question:

My husband and I own a home.  He said he intends to stay in the house until our kids (21&24) move out.  I refuse to move and leave him alone in the house. I think we should sell the house and get our own places. He says he wants to stay until the kids (21 and 24) move out and wants to stay in the house until he dies. He is only 63, and still working, and I am 62. It is very stressful to live with him.  He has a passive aggressive personality. He doesn’t do work around the house, and I have to ask him constantly just to get him to help rake leaves. We bought the house 13 years ago and it was my idea to buy it.  What should I do?

Answer:

Absent grounds to have him vacate the house or obtain a restraining order, the issue of who lives in the house is up to the court.  Given your children’s ages, it’s likely the house will be sold.  If the 21 year old is living at the house and attending college, that may pose a problem but if your child is 21 and not in college the court would likely order it sold unless your husband is able to buy you out of the house and refinance the existing mortgage.

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.