D'ercole v. D'ercole

407 F.Supp. 1377 (1976)

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Nature of the Case

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Facts

Plaintiff and defendant are husband (D) and wife (P), who own a residence as tenants by the entireties. P was employed throughout the marriage, and made financial contributions to the household, although D assumed responsibility for mortgage payments and property taxes. The parties separated. D sued for divorce. P sought a separation but opposed the divorce. D refused to leave the residence, so P moved in with relatives. D has refused to share the residence with P in any way, arguing that, because the parties hold the property as tenants by the entireties, he, as the husband, has the exclusive right of possession and control of the residence during his lifetime. D has stated that if P allows the divorce, he will grant her one-half the equity in the house. P sued, arguing that tenancy by the entirety, as it exists and is enforced in Massachusetts, deprives her of due process and equal protection of the law by giving her husband the right of possession and control of the property. At the time the parties bought the residence, it was presumed that any conveyance to a married couple created a tenancy by the entirety.