Massachusetts Asset Division Lawyer
Dividing the Marital Partnership
Dividing your marital assets during a divorce is a complex process. Massachusetts law applies the concept of equitable division of property. That means that all property — real estate, money, bank and investment accounts, retirement accounts, pensions, jewelry, motor vehicles, just about everything is considered marital property and is subject to division. However, equitable does not necessarily mean equal and not all property is divided in the same proportion and depends on an analysis of the factors set forth in the law, the statute and cases that have interpreted the statute.
Massachusetts divorce law, M.G.L. 208 section 34, sets forth the factors that the Probate Court must consider in determining how the property gets divided. To determine what equitable division means in your case, you need a competent, experienced divorce lawyer to analyze your case, determine how the legal factors apply to your case, and advocate strongly for you to make sure you get your fair share of the property. Remember that all property, including real estate, bank accounts, retirement accounts, and even inheritances, are treated by the law as marital property, but the division of these accounts can vary greatly, which is why you need an experienced divorce attorney to gather the facts, analyze your situation, advise you as to the range of likely outcomes if the case were to go to trial, and advocate effectively for the best possible outcome for you.
Your Fair Share of the Marital Property
Since 1985, Attorney Furman has been assisting people throughout eastern Massachusetts, especially in greater Boston and Metrowest in such communities as Wellesley, Newton, Framingham, Worcester and Westborough, Massachusetts, achieve the results they deserve when it comes to property division. He will listen carefully to your concerns and thoroughly analyze all of the statutory factors. Attorney Furman will then discuss your goals in light of his analysis, explain to you what is realistic, and will strive to achieve your goals through negotiation or litigation.
Property Division For Non-married Couples
Unlike some other states, Massachusetts does not recognize common law marriage. There is no right to equitable distribution (or any division) of assets shared by couples who are not married. If you are in a domestic partnership but not married, property in each name stays with that person. Only property owned in both names may be divided.
Property Division For Gay & Lesbian Couples
For gay and lesbian couples the law is the pretty much the same. If you are married, equitable division applies, except that property covered by Federal Law, such as a federal pension, stays with the legal owner of the property.
Contact The Law Office of Sanford I. Furman for a Free Consultation
Please contact the Law Office of Sanford I. Furman by phone or e-mail if you would like to learn more about equitable division of property in Massachusetts applies to you. Attorney Furman offers a free initial consultation to help you evaluate your case. Evening and weekend meetings can also be arranged by appointment at his Wellesley and Westborough offices.