Is a house considered marital property?

One of the biggest concerns that many homeowners have when they begin the divorce process is what will happen to the house in the divorce. Of course, both spouses are going to have their opinions on what they truly believe should happen to the house. Due to the fact that everyone’s situation is different, some couples will begin the divorce with an agreement while others may need the court to step in.

A few of the many examples of what may happen with a house in a divorce are as follows:

  • The couple may come in agreeing to sell the house and divide the profits amongst themselves or with the guidance of the court
  • The couple may decide that, if they have children, the parent who has more parenting time with the children should keep the house in an effort to maintain a sense of normalcy for the children
  • The couple may not be able to come to a decision about what should happen to the house and need the court to decide on their behalf

In cases where the court is responsible for dividing assets, the house is considered marital property and therefore, will be included in the equitable distribution process. If you have questions about a home in divorce, contact our firm today.

If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.