Which Spouse Keeps the House in a Massachusetts Divorce?

No one imagines they’ll be getting a divorce at the time of their marriage, but unfortunately, as the years go by, things change. In today’s day and age, nearly half of all married couples get divorced at some point, and if you’re either currently getting a divorce or are about to, you’re most likely very concerned about all that’s on the line. For most married couples, their most valuable (both monetarily and sentimentally) asset is their home. No one wants to pack up and move out of the place where they’ve lived and customized to their liking over the years, but unfortunately, in every divorce, one spouse will, ultimately, have to leave. That said, if you’re going through the divorce process and want to stay in your home, you likely have several questions. Read on and speak with a seasoned Mansfield property distribution lawyer from our legal team to learn more about property division and how courts determine who gets to keep the house in a divorce.

Will I lose the house in my divorce?

When a couple gets divorced, courts will have to determine what property is marital property and what property is separate property. Separate property includes assets acquired prior to or outside of a marriage, and is typically not subject to equitable distribution in the divorce process. Common examples of separate property include gifts or inheritances. On the other hand, marital property encompasses most property acquired over the course of a marriage. This can include assets held in bank accounts, vehicles, and the marital home.

Therefore, if you’re getting divorced, there’s a strong chance that your home will be included in the property distribution process. That said, courts will consider a wide range of factors when determining who gets to keep the house in a divorce, including each spouse’s yearly salary, the extent to which each spouse contributed to the marital home (monetarily and non-monetarily), the child custody agreement in place, and more. Ultimately, if you’re looking to remain in your home, your best option is to retain the services of a seasoned and highly-skilled divorce lawyer who can help you navigate each step of the legal process ahead. If you want to remain in your home, our legal team is here to help. Give us a call today so we can get working on your case.

Contact our experienced Bristol County firm

If you need help through a contested divorce or with any other family law matter,ย contact The Law Offices of Cynthia L. Hanley, P.C.ย for a consultation today.