Legal Question in Family Law in Massachusetts

Non Marital Property

In the State of Massachusetts, what is the law on Non Martial property during divorce


Asked on 6/29/07, 8:34 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Non Marital Property

All property of either spouse is potentially marital property, subject to division. The court equitably divides property based on the factoprs set forth at MGL c. 208, s. 34, and case law. The court considers factors including length of the marriage, to what extent the property was indeed a part of the marital pocketbook, ages of the parties, contributions of the parties, needs of the parties, etc. A court can exclude property from division even though it is arguably "marital," and can include property (and expectations) that have been shielded to a degree. The court can look into estate expectations, even from living relatives.

You need to be more specific, and should in fact consult an attorney in the privacy of an office.

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Answered on 7/03/07, 4:25 pm


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