Legal Question in Family Law in Massachusetts
Divorce
In Massachusetts in a divorce what are the laws governing division of property when most of the assets are solely in the husbands name and he had them long before they got married? Is the wife of 7 years entitled to half even though her name is not listed as part owner on any of them? For example, the house and business are solely in husbands name and he had them years before he got married.
2 Answers from Attorneys
Re: Divorce
Run, do not walk, to a family lawyer.
All of your assets are subject to being divided. The fact that you owned them before you were married is a factor that will be considered. Whose name is on the Title has NOTHING to do with what will get divided. If you care about how much you will get to keep, see an attorney TODAY.
Re: Divorce
Courts pay less attention to the title of the property than you would think. The court has the power to make a property division even if some property is held by only one party. Massachusetts requires an equitable division of property. The length of the marriage is one factor. Ownership prior to marriage is another. There are 18 factors and no one is determinative. You may also have the right to child support and alimony.