If you have another residence, you should not be attempting to enter another property. If you have personal property, you should ask him through your attorney to let you have it, if he is still in possession of it. Just because you are on the deed does not mean you can just enter the house, that would be terrible public policy. If you have an order from the court, you should look to that about how you ask for your property. Or find a local attorney to move forward with the divorce so you can get your property that way.
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You need to hire a lawyer. The relevant statute on trespass is Chapter 266, section 120
Section 120. Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order...
Does your husband has lawful control over the premises? There is not enough information to give an adequate answer to your question. You need to file a divorce case or a complaint for separate support. You need to have the court issue a temporary order governing the parties' rights and responsibilities while the divorce action is pending. The issue of possession of and control of the premises would be addressed in that order. I would not do anything without court authority in that it sounds that serious trouble is possible given that the two of you are discussing trespassing. You should act quickly, and hire a lawyer. Good luck with your case.
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Here, from the facts you have put forth an attorney needs to know whether your husband has lawful control over the premises? That is, there is not enough information put forth to give an adequate answer to your question at this juncture. To be clear, you need to file a divorce case or a complaint for separate support in the instant case; in addition, you need to have the court issue a temporary order governing the parties' rights and responsibilities while your divorce action is pending, if you will. Finally, the issue of possession of and control of the premises would be addressed in that order. Consult with an attorney in MA as soon as possible. Good luck!
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