What happens to the marital home is often one of the most emotionally charged issues during the property division stage of a divorce.   Whether you can keep the marital home depends on each case’s unique facts and circumstances at the time of the divorce.

The following article addresses frequently asked questions concerning the marital home.

To begin to answer this question, first you have to understand how the Court treats property during a divorce.  In Massachusetts marital property  is anything that party brings to the marriage as well as acquires during the marriage.  This includes real estate, bank accounts, personal property, as well as securities such as stocks, bonds, and other retirement vehicles.   

 Massachusetts in an Equitable Distribution state.   That means that the Court looks to divide assets as fairly as possible between the parties.  Fairly does not always mean equal or 50% to each spouse.  The court relies on certain factors to determine how to divide property.  These factors are found at Massachusetts General Law chapter 28, section 34 and include:  

• Length of marriage
• Conduct of the parties during the marriage
• Age and health of the parties
• Occupation and income of the parties
• Opportunity of each party to earn income
• The present and future needs of the children
• Each party’s ability for future acquisition and preservation of assets
• Contribution of each party as a home maker

The Marital Home

The residence both parties live in during the marriage is the marital home.  If only one spouse is on the deed, or both spouses are on the deed but only one spouse pays the mortgage, it does not prevent equitable division of the home.

There are three common possible scenarios for division of the home:

1. The property is sold and each party receives a share of the equity;

2. One spouse buys out the other spouse’s share of the equity; or

3.   Both parties continue to co-own the property until a date certain, at which time the home is either put on the market for sale or one of the party’s buys out the other parties’  equitable share.

Each of the above options depends on your individual goals and finances after the divorce.   For example, when there are no minor children remaining in the home, and both parties are no longer interested in staying in the property, the property is usually placed on the market.

If there are minor children in the marriage and issues concerning maintaining school systems, friends and other activities, options 2 and 3 may be a solution.

How do I know which option is right for me?

Every divorce is different and deciding how to divide your assets, especially the marital home, is not a decision that should be made without legal guidance.     We at Fleischer Law Solutions are here to provide you with that legal expertise and representation.  Contact our office to schedule a consultation.