Medway, MA asked in Divorce for Massachusetts

Q: I am in the process of a divorce in Ma. Our two homes are in my husbands name. Who gets them or how are they divided?

I have stayed home and taken care of our two small kids. Only work part time. Everything is in his name.

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2 Lawyer Answers
Joshua H Bearce
Joshua H Bearce
Answered
  • Manchester, NH
  • Licensed in Massachusetts

A: The fact that the two homes are in your husband's name is irrelevant to your property division. However, if he purchased the homes prior to the marriage, or he can show that he made a significant pre-marital contribution to the homes, then he may be able to offset certain amounts from the property division. Under Massachusetts's law, a marriage is treated much like a business partnership, i.e. you will share the profits of the partnership (assets), and the losses of the partnership (debts). If you acquired two homes during your marriage, then you are entitled to one-half of the equity in those properties regardless of the fact that the properties are in your husband's name. I suggest you speak with an attorney that specializes in divorce and family law to discuss your options further. Good luck.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • San Francisco, CA
  • Licensed in Massachusetts

A: You may be entitled to half the value of all property acquired by either party during the marriage, spousal support, child support, a certain measure of child custody, and attorney's fees, all depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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