Dee v. Dee

*321Grant, J.

The question presented by the husband’s appeal is whether a Probate Court, after hearing on the merits of the wife’s petition brought under G. L. c. 209, § 32 (as amended by St. 1968, c. 370),1 has power to order the husband to vacate the marital home in favor of the wife and a minor child for an indefinite period of time. The parties have stipulated that the home is held in a tenancy by the entirety, and the wife has not brought separate proceedings in equity by which she asserts rights in the home inconsistent with the existence of such a tenancy. Cf. MacLennan v. MacLennan, 311…