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Kostas and Melcher Law LLC

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FAQs Our house is only in my spouse’s name; does this mean that I have no rights to the equity or to stay in it if we divorce?

Our house is only in my spouse’s name; does this mean that I have no rights to the equity or to stay in it if we divorce?

December 31, 2019 //  by Maura//  Leave a Comment

No, because rather than a “community property” state, Massachusetts is an “equitable distribution” state. This means that at the time of divorce, all assets either spouse’s name marital assets and have to be shared “equitably”. When couples divorce, a court considers statutory factors when it comes to sharing assets equitably. These are referred to as “Section 34” factors (see the divorce statute section of the M.G.L. on Chapter 208). These circumstances determine if one of the spouses will stay in the former marital house after divorce. Even though the property is usually shared equitably at the time of a divorce (by selling the property or allowing the other party to buy the other party out), for some cases that involve small children, the spouse who has custody of the children may get to stay in the former marital home for some time after the divorce, and delay sale, or buyout of the home.

FAQ Category: DivorceFAQ Tag: Divorce

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