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Property Division Archives

To keep the home or not after a divorce in Massachusetts

Be it ever so humble there is no place like home, and for many married couples in Massachusetts this is true. There is so much sentimentality wrapped up in the family home even after a divorce that spouses may fight about who gets to keep it. In addition to the sentimental value, for many couples the family home is among the most valuable assets they own. Yet, there are important factors about keeping a home after a divorce that many couples may overlook.

Keeping aspects of property division in mind when divorcing in MA

For couples in Massachusetts who are going through a divorce, the emotional upheaval can be more than they can bear. Often, they're concerned about the closest, most tangible personal issues such as where they're going to live, who will have custody of children and what the support payments will be. This can lead to a lack of attention paid to property division and how marital property will be allocated fairly. Gathering information regarding these issues can help a divorcing couple prepare for them properly and not leave them to the side when they should be at the forefront.

What if divorcing spouses can't reach an agreement on their own?

When a married couple in Massachusetts decides to dissolve their marriage, the parties must also decide how to divide their assets. First, the parties list all their assets and then they must separate any personal property from marital property. They must then negotiate until they reach an agreement on how to divide the marital property. They then take this agreement to the court, which reviews the agreement to see if it meets guidelines of fairness. If so, the court will approve the agreement and the divorce will become final in a few months.

How do Massachusetts courts divide property in a divorce?

Couples going through the process of divorce often have many questions. Many of the questions that tend to be near the top of everyone's list center around property division. Who will get to keep the house? What about the car? The answers to these questions will always depend on each individual couple's circumstances, but some basic information can provide some guidance.

Protecting assets in a divorce

Inheritances and gifts are not considered marital property under Massachusetts law. Money or assets received by inheritance or gift by one spouse are considered separate property in Massachusetts and are typically protected from a divorcing spouse. This protection is not automatic, however, and individuals must act cautiously in order to protect assets that are rightfully theirs.

Watching out for your finances during divorce

When a couple in Massachusetts moves forward with a divorce, there are many things to consider. One of the most important goals of every divorce is financial stability for each individual. Protecting financial stability may not be easy and individuals should be careful as they move forward and discuss their assets as a part of property division.

Protecting assets in a divorce for Quincy residents

When a couple goes through divorce, there are many questions that need to be answered. Most of these questions pertain to the assets that the couple acquired during their marriage. The issue of who will be entitled to what often sits heavily on the minds of those who are experiencing divorce.

Older divorce on the rise

As couples age, we tend to think their problems become less frequent. However, recent statistics are showing that this may not be the case. A 2013 study conducted at Bowling Green State University in Ohio found that divorces among those over the age of 50, also known as "grey divorces," doubled between 1990 and 2000. This suggests that couples are still making important decisions about their happiness later in life.

Dividing assets in Massachusetts later in life

More and more divorces are taking place later in life. When a divorce occurs with a couple that is over 50, there are many unique concerns that do not affect a couple that divorces at 35. Older couples may have concerns with retirement, financial planning and future work concerns.