Learn the 5 FAQs about property division after divorce in Massachusetts. Protect your assets with expert advice from a property attorney.

5 FAQs About Property Division After Divorce

Boston, Massachusetts, is a historic city known for its rich colonial heritage, world-class universities, and vibrant neighborhoods. The city combines modern business hubs with centuries-old architecture, offering a unique mix of culture and opportunity. As the state capital, Boston is also home to a complex legal system that governs family and property matters, including divorce proceedings.

In Massachusetts, property is divided under specific rules that sometimes surprise people. If you are unsure how your property or debts will be treated, a property division attorney in Boston can make a significant difference.

They can ensure that property, from the family house to retirement accounts, is properly divided. Here are five frequently asked questions regarding property division following divorce.

1. How is Property Divided in Massachusetts?

Massachusetts follows the principle of equitable distribution, which means that property is divided fairly, though not necessarily equally. The judge will consider other factors, such as each party’s income, the contribution made during the marriage by both parties, the parties’ ages and health, and their potential for future earnings.

Fairness often depends on the specific situation. For example, if one spouse stayed at home to rear the children while the other worked outside the house, the court will generally consider whether both contributed equally to the assets.

2. What is Considered Marital Property?

Marital property consists of all property that the parties acquire or either of them acquires during marriage. This would include:

Home and real estate
Automobiles
Bank accounts and investments
Retirement Plans
Business interests

Even though the property may be in the name of one spouse, it may still be marital property if it was acquired during marriage or earned during marriage.

3. Can We Divide Property Without Going to Court?

Yes. Many couples use this route. Mediation or collaborative divorce is usually a better, faster, cheaper, and more private way of handling the division of the assets.

However, any property division agreement should be reviewed by an attorney to ensure that it is fair, legal, and binding. Once a judge approves the deal, it will also become part of the final divorce order.

4. What Happens to the Family House?

The family house has both financial and sentimental value. The courts would look to see who contributed to its purchase and upkeep, whether a spouse occupies it, and whether children are involved. One spouse may be ordered to buy the other out, or the house may be sold and the proceeds divided by the parties.

5. How are Debts Divided?

Debts incurred during marriage are generally the obligations of both spouses. This would generally include mortgages, loans, and credit cards. If the debt benefits both spouses, both are generally liable for it even though it is in the name of only one party.

Key Takeaways

Massachusetts applies equitable distribution principles.
Marital property includes all assets and debts that were acquired during the marriage.
Mediation often helps avoid court and its complications.
Courts consider the needs of the children when determining who retains the family home.
A property division attorney in Boston can help ensure that the results are equitable.