Legal Question in Family Law in Massachusetts

My friend has asked his wife of 10 yrs. for a divorce. They live in Ma.. He bought their home in 1977 and put her name on it when they married. He also owns a business that's in his name only that he's had for about 30 yrs. They have no children. Who will get the home and is she entitled to anything from his business?

Asked on 4/19/10, 6:47 am

3 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

0 users found helpful

0 attorneys agreed

In Massachusetts, both assets and liabilities acquired during the course of the marriage regardless of which Party's name appears on title, are considered part of the marital estate that would be up for division in the event of a divorce. Generally speaking, absent additional information about your friend's case, the marital estate would be divided equally. In your friend's case the marital estate would be all the assets and liabilties acquired during his ten year marriage.

There are several factors that can offset a 50/50 split of the assets and/or liabilities which is why your friend should consult with an attorney.

Thank you,

Answered on 4/24/10, 7:02 am

Mark as helpful

0 users found helpful

0 attorneys agreed

Under MA law the marital home is a marital asset and as such will be part of the assets for division, it does not mean she gets the home. The value of his business or a portion thereof will also be considered a part of the marital assets. MA is an equitable division state which means a number of factors will be used to determine the division of assets. Your frend should consult an attorney ASAP.

Answered on 4/24/10, 7:33 am

Mark as helpful