Legal Question in Family Law in Massachusetts

Property and asset division in the event of a divorce is either accomplished by the parties voluntarily, or by a judge. All property owned by the parties, whenever and however acquired, is considered to be marital property and subject to division. A judge must weigh a number of factors in making a fair division of the parties' property. Although it is likely that the house will remain in your name, it is impossible to say how that will figure in to the division of your marital estate without knowing more about the circumstances of the parties and the marriage.

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Attorney Vaughn-Martel is accurate, but unless the property was used as a marital home or is a significant portion of the assets of the Marital Estate and you have been married for a substantial period of time, the court will be unlikely to award your spouse an interest in the home.

However, I suggest you contact an attorney ASAP to protect your interests.

To get a better understanding of the factors that the court takes into account when dividing assets read Massachusetts General Laws Chapter 208 Section 34. Additionally, alimony may come into play and it is important to know that new alimony guidelines are currently being debated in the legislature.