Legal Question in Family Law in Massachusetts
I purchsed my house prior to meeting my wife. We have been married now for 10 years with two children ages 8-6. We also have refianced and bout a small vacation home in Maine that does not have a mortage. My wife also has a piece of property that is in her name as well as her fathers that we pay tax's on. She only works Part time and refuses to look for fulltime work {200.00 per week} Myquestion is would I beable tokeep the house that I purchased before are marriage? I would alo like joint custody of the kids.
2 Answers from Attorneys
It sounds as though you are asking this question in the context of a pending divorce.
Our office would be more than happy to provide you with a consultation, either by phone or at our office, where we can review your financial information and provide more specific answers to your questions.
In general terms, any and all property owned by either spouse, whenever and however acquired, is part of the marital estate. In a divorce, the marital estate must be divided by the court (if you cannot agree) in a fair manner. What is "fair" will be left up to the judge (if you cannot agree), but depends on a variety of factors. The fact that you owned the home prior to the marriage would be one factor in favor of you keeping the house... but you may have to pay your spouse some part of the value.
I encourage you to speak with a lawyer about your case specifically. I think you will find it quite helpful.
IT would appear that you and your wife want a divorce or at least you do. I suggest you contact an attorney as soon as possible to determine your best way forward in this matter.
Joint custody is usual with one parent being the primary custodial parent, usually the wife.
All the property owned by you and your spouse are, subject to certain exceptions, part of the marital estate. Either you and your wife can agree upon terms for the division of property or the court will decide.
If you want to discuss your options please feel free to call me.
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