Legal Question in Family Law in Massachusetts

Community property

Married 7 years, wife owned house before marriage. Am I entitled to any part of this property in a divorce action?


Asked on 7/28/08, 2:02 pm

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Community property

MA is not a community property state. But all property owned during the marriage is presumed "marital property" about which each spouse can offer evidence as to why their contributions entitle them to a larger share of the equity.

Retain an attorney to represent you in the divorce who can make the best arguments for the fair share of the equity to which you are entitled.

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Answered on 7/29/08, 4:07 pm

Re: Community property

MA is not a community property state, it is an equitable property state. You may have some rights to the property dependent upon what you provided to the support of the marriage and depending upon whether and to the extent the home was used as a marital home.

You should consult a divorce attorney if you are going to make claim to the home, There is case law that goes both ways on this issue, especially if your wife retained sole title the property during the marriage.

Good Luck.

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Answered on 7/28/08, 2:27 pm


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