DIVORCE PROPERTY

[ARLENER01]

Jurisdiction

Massachusetts

My husband and I live in Florida and own three pieces of property two in Florida and one in Massachusetts. The property in Florida is in both of our names but the piece of property in Massachusetts is only in his name. We have been married for 35 years and we are getting divorced. He has told me that I have no rights to the property we purchased from a family member in Massachusetts because my name is not on it but it is our money together that pays for it. What are my rights and am I entitled to half of the property also.

 

[adjusterjack]

He has told me that I have no rights to the property we purchased from a family member in Massachusetts because my name is not on it but it is our money together that pays for it. What are my rights and am I entitled to half of the property also.

First of all, he is now your enemy. Never take legal advice from your enemy.

He's partly right and he's partly wrong. You'll understand that when you understand the difference between ownership and marital interest.

He owns it. You have a marital interest for which you are entitled to a cash equivalent of the equity in the property.

Now get yourself a lawyer.

 

[ARLENER01]

I do understand what you are saying. He can continue to own it but he will have to pay me for half of what it is worth. That is what I had told him but he seems to think that the property in Massachusetts is off the table and cannot even be brought up in a divorce.

And yes I will definitely have an attorney.

 

[adjusterjack]

I do understand what you are saying. He can continue to own it but he will have to pay me for half of what it is worth.

Right.

Or, give you an offset where you get the equivalent in another asset.

Keep in mind that nothing has to be split down the middle and you can give or take assets in lieu of money.

Also keep in mind that, if he has a retirement plan, IRA, or 401(k) you're entitled to a part of the value that has accrued during the marriage.

That is what I had told him but he seems to think that the property in Massachusetts is off the table and cannot even be brought up in a divorce.

He is ever so wrong.

He may be thinking that MA is not a community property state. It's not. But, in states that do not have community property laws the property acquired during the marriage is divided equitably (equitable division) between the spouses. This doesn't necessarily mean that each person will receive an equal share. In some states, a judge may order a spouse to transfer separate property to his or her spouse (or make a cash payment) to make the divorce settlement fair for both of them.

There are several sources of information about MA equitable distribution in the following search results:

equitable property division in massachusetts at DuckDuckGo

And yes I will definitely have an attorney.

Don't wait on your husband. Get your lawyer ASAP and file first. It's war now and you'll have the advantage if you are on the offensive.

I also advise you to get a bank account and credit card in your own name and move half the money from your joint account before he gets to it.

One more thing, start duplicating all your important papers and records of everything and take your copies out of the house.

Sooner or later things will get hostile. Do what it takes for self preservation.

 

[ARLENER01]

Well I already have the bank account and credit cards in my own name. The business that he runs is also solely in my name.

What types of documents per se?

 

[army judge]

Well I already have the bank account and credit cards in my own name. The business that he runs is also solely in my name.

What types of documents per se?

I suggest you stop avoiding what you must do today.
Retain a divorce attorney who will work unceasingly, tirelessly to protect your assets and your rights.

 

[adjusterjack]

What types of documents per se?

Property ownership records, business records, tax records, employment records, bank account records, car titles, loan contracts, loan payment records, etc, etc.

Buy a portable hard drive and duplicate everything on your computers as well.

 

[army judge]

Closed ................