Legal Question in Family Law in Massachusetts

I live in Massachusetts and am considering divorce. I have a question about division of property. I bought a home before meeting my husband and have made all the payments on this home. It still has a mortgage on it. I have been told that he is entitled to half the home's value and that I will need to pay him. Is this true?


Asked on 6/01/10, 2:04 pm

1 Answer from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Unfortunately, without additional information from you with regards to your particular case, I cannot give you an accurate yes or no answer.

However, generally speaking, in Massachusetts the marital estate generally includes all property and debts acquired during the course of the marriage. What portion of the estate each Party would receive in a divorce settlement depends on several factors.

With regards to the home you purchased before your marriage, a possibility in determining what portion should be considered part of the marital estate to be divided between the two of you is a valuation of the property as of the date of your marriage compared to it's value today minus any liens. As far as the payments you made towards the mortgage during the course of your marriage also depends on the circumstances of your situation. Most commonly, that would not be considered a payment only from you, but rather from the marital funds.

If you do decide to move forward I strongly suggest that you retain a domestic relations attorney to assist you with your case. If you are interested in a free consultation, you can contact me at 617-523-3200 or via email at [email protected].

Thank you,

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Answered on 6/01/10, 5:26 pm


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