Legal Question in Family Law in Massachusetts
divorce
hi couple . have 2 kids 22 and 20. one still in college(20) the other one finished. still leaving at home. she has a job and the husband is self-employed,partner. they own a house. in a case of a divorce tha split everything 50-50. how about his 50% share of the business? if he changed the status of his share with his partner from 50% to 0% the wife gets any? if her lawyer sends me something to get out of the house , do i have to do so(if we both pay the bills) i think i stay put.what happens to the house.since i maintened the house all these years and i put all my time and she did not when it comes to final split to i get more from the property than she does? thank you
2 Answers from Attorneys
Re: divorce
Your case has multiple facets, and there are no absolute answers. THe multiple factual aspects include the parties' joint efforsts as well as individual efforts. IN addition, the change of business ownership presents a knotty question; the other spouse will undoubtedly claim that this was done to put the business out of reach. As divorce courts act in equity, the business value can be reached (either by orders or by skewing the division of other assets), and any improper waste or transfer of marital assets can be dealt with punitively.
I would suggest that you obtain a consultation with me or another qualified attorney.
Greg Lee
www.gregleelaw.com
: divorce
As Greg said, this is a complicated situation.
Only a court can demand that you vacate the house. His lawyer's demand is of no value.
You have a right to know all of his assets and liabilities. All property acquired or possessed during the marriage is subject to the court's jurisdiction and to division. He cannot deliberately or indirectly massage his assets in the business to make himself appear to have a lesser interest.
I assume that you do not have an attorney. You should have an attorney. This is more than the average person can manage without legal assistance.
Should you have any questions, or need assistance, contact me.