Legal Question in Real Estate Law in Massachusetts
property rights
what is the spouses right in a gay marriage if the house in not in the spouses name but helped pay for it from the start.
2 Answers from Attorneys
property rights?
Assuming the marriage is legal, as Mr. Weicker states, the division of the property is in the hands of the court.
The court will look in an action for divorce at a number of different factors before it makes its decision. Some of these factors are the length of the marriage, when the property was acquired, what is the contribution of the parties to the marriage.
This all is done in the context of a divorce proceedings.
You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.
Re: property rights
The rights in a gay marriage are the same as in a non-gay marriage. The marital home is a marital asset that is divisible by the court. Our office has successfully dealt with this issue in the past and can assist you in your divorce proceedings.