Legal Question in Family Law in Massachusetts

Your question regarding what percentage of the equity in the marital property you should be receiving is dependant on many different factors including but not limited to: the length of the marriage; contribution towards the household during the course of the marriage; and whether the property was purchased/acquired before or after the date of marriage.

If you and your Husband have agreed to split the marital home 50/50, than your buyout would be 50% of the equity in the home (Appraised Value minus any and all liens on the property divided by 2).

If you haven't already consulted with an attorney I would strongly recommend that you at least consult with an attorney prior to signing any legal documents.

If you are interested in a free consultation you can contact me at 617-523-3200 or email me at [email protected].

Thank you,

I agree with attorney Urukalo. Although you and your soon-to-be-ex-husband are free to agree to any reasonable division of property and assets, typically you would be entitled to one-half of the equity in the property, AFTER the payment of all mortgages, taxes, and closing costs.

You also want to make sure that you address a timetable for the parties. In other words, is he able to refinance the mortgage and note into your sole name? Is he proposing that you remain liable on the note? Being bought out in the current real estate market may not be in your best interests.

If you have not already done so, I would encourage you to meet with an attorney. My office charges a flat fee in uncontested divorce cases, and we can make sure that all appropriate paperwork is prepared and filed on your behalf, and avoid ambiguities or errors that could potentially cause litigation or disputes later on.