Legal Question in Family Law in Massachusetts
am i intitled to half the eqiuty in my spouse's condo, that she bought with home equity money from the marital home?she paid the balance left after down payment with h.e. money in cash.
2 Answers from Attorneys
Massachusetts has equitable division of property in a divorce. This means that all property is examined and the final division must be fair after consideration of all assets. As a result, we can't look at one item of property and predict the outcome. Only by looking at all property can an equitable division be reached. As you describe the facts relating to this one property, it sounds unfair to not give you some property division as a result of ownership of the condo. However, you should consult an attorney to discuss a division of all assets and not one asset.
Mr. Pransky's answer is excellent and complete. If you are referring to the division of property in the setting of a divorce, the court will look to all of the couple's assets, property, and liabilities in making a fair and equitable division. No one piece of property or account can be viewed alone.
If you do not yet have an attorney to represent you in your divorce, I welcome you to contact our office to explore our flat fees and what options are available to you. 617-357-4898.