Legal Question in Family Law in Massachusetts

I got married on 12/19/09 and have been making mortgage payments as well as "upgrade" payment since that time. We've bought numerous things for the house, which is entirely in her name. We are now seperated, and getting divorced. Can I get 1/2 the house or just the "upgrade and purchased items"?


Asked on 5/31/11, 7:08 pm

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

You did not mention when the home was purchased? Depending on the year of purchase along with other relevant factors including but not limited to the financial situation of both you and your wife during the marriage and other contributions each of you made to the marriage can determine the percentage of the marital estate (including the marital home) that you would be entitled to.

I suggest you consult with an attorney. If you are interested in retaining an attorney and would like to schedule a free consultaiton you can contact me at (978) 276-0777.

Thank you,

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Answered on 5/31/11, 7:15 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with the previous attorney that it may depend, to some extent, on when and how the marital home was purchased. I say this in your case, because your marriage is likely to be considered a short term marriage. The home will be considered marital property, but the court must weigh a number of factors in fairly dividing the estate. In other words, it is possible that some portion of the home's equity will flow to you, but it is impossible to say how much without more information.

If you would like to work with an attorney in working through either a contested or uncontested divorce with your spouse, please feel free to give our office a call at 617-357-4898.

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Answered on 6/01/11, 5:43 am


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