Who Gets The House In A Massachusetts Divorce

Going through a divorce is challenging, unsettling and even frightening. Having to divide property only adds to the stress.  A family law question that most divorcing couples ask is who gets the house?  It is often the largest asset that a couple has and can easily become a point of serious contention during divorce proceedings. While some states recognize the idea of community property, in which both spouses own all property jointly and split it down the middle in a divorce, Massachusetts does not.  Instead, the Commonwealth is an “equitable distribution” state, meaning that asset distribution must be fair but not
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Division of Assets in a Massachusetts Divorce

How are the automobiles, money accounts, insurance policies, retirement accounts, home and all the rest divvied up? When it comes to family Law and divorce, Massachusetts is an “equitable distribution” state, meaning that property division, including debts, be fair.  This does not mean that the split is 50/50 but rather that a judge or arbitrator divides the assets and debts according to what he deems fair and equitable. The state recognizes marital property, which is property and debts acquired during the marriage, and separate property, which is property and debts acquired by either spouse before entering the marriage. While some states divide
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Can Divorce Affect Inherited Property?

One of the most complex and important issues in any divorce is the division of property. While some divorcing spouses are able to come to an agreement on this issue outside of court, in many cases a judge must step in and direct an equitable distribution of assets. However, determining which assets may be distributed is often a source of confusion, and laws vary state-by-state. In Massachusetts, it is important to remember that all property – even property inherited by one of the spouses – is subject to distribution during divorce. “In a nutshell, everything is ‘in the marital pot’
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Appeals Court Ruled In Favor Regarding Division Of Marital Assets

The former husband took the position that since the Alimony Reform Act of 2012 defined the length of marriage as date of marriage to date of service of the summons, that marital assets should be divided in the same manner. Historically assets were valued and divided as of the date of divorce. The former husband appealed the decision of the trial court which followed the historical view of asset division and rejected his assertion that assets should be valued and divided as of the date of service on the divorce summons. The Appeals Court ruled in favor of my Client
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Client Awarded All Pre-marital Assets

Client obtained favorable divorce judgment wherein the Client was awarded all pre-marital assets and the spouse was awarded assets with little present value as that was all the spouse brought to marriage. Client received favorable settlement despite difficulty in evaluating the spouse’s business interest. Client received a disproportionate division of the ascertainable assets to compensate for the difficulty in evaluating precisely the spouse’s business interest.
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