Posts Tagged marital property

If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?

In an ideal situation, you’d work with your ex to divide up assets fairly. Unfortunately, that isn’t always possible. Many couples hire attorneys to negotiate divorce terms on their behalf. Some couples even go to court and ask a judge to divide the marital estate.

So the simple answer is yes, you can request the marital home as part of your divorce settlement. A property owned by one spouse alone can become marital property if both spouses pay the mortgage or other expenses, or contribute to significant improvements.

However, divorcing couples may request specific assets during the division of property, but that doesn’t mean their request will be awarded. Massachusetts law requires the division of property in a divorce to be equitable. This means property division must be fair, though not necessarily equal.

Massachusetts law allows a judge to divide all property regardless of when it was acquired or which … Read More »



Does Massachusetts divide property equally between the spouses during a divorce?

Rather than divide marital property equally, the Commonwealth of Massachusetts’ family law code seeks to divide it equitably.

Massachusetts defines “marital property” as any property—be it income, assets, real estate, or everyday items—that comes into possession of the couple or either of the spouses individually during the course of the marriage. This could include trade secrets, stock holdings, and artistic creations. For individuals of high net worth, or those who make their living by possessing valuable intellectual property, it is especially valuable to have a prenuptial agreement in place to keep this property separate from that held in common in the marriage.

In deciding what is an “equitable” division of property, the court will consider a number of factors. These include if the divorce is no-fault or at-fault, the relative incomes of the parties involved, and the financial, non-economic and emotional contributions made by each party during the marriage.

If … Read More »