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Property Division

Property Division

Dividing the Marital Estate in Massachusetts

The division of marital assets is a major component of any divorce.  The Massachusetts property division laws call for an equitable, but not necessarily equal, division of the marital estate.  The division of assets is significant because absent fraud, the division of the marital estate is permanent and cannot be modified in the future. The court is required to consider a number of statutorily imposed factors when determining who gets what in a divorce. Every case is unique and therefore each factor may allow for opportunities to persuade the judge to allocate assets according to your desired outcome.

At Lambert Legal we are experienced Massachusetts property division lawyers.  We will fight to ensure that the division of the marital estate is fair and equitable under the Massachusetts marital property division laws.

What Property is Included in the Marital Estate in Massachusetts

Pursuant to Massachusetts divorce law, the court may assign to either the husband or wife all or any part of the estate of the other.  This means that the court can assign property to either party irrespective of who holds title.  In addition, the marital estate includes all property owned at the time of divorce and is not limited to property obtained during the marriage.  Therefore, property acquired prior to the marriage is subject to division during a divorce.  Finally, all vested and non-vested benefits, rights and funds accrued during the marriage are also included in the marital estate.  Thus, essentially anything of value is considered a martial asset including, but not limited to, real estate, time shares, personal belongings, retirement benefits, pensions, business interests, gifted assets, stocks, stock options, restricted stock units, frequent flier miles, season tickets, tax refunds, artwork, coin collections, etc.

Experienced Marital Asset Division Attorneys – Valuation of Assets

An understanding of the Massachusetts laws pertaining to the division of marital assets is only one component of divorce litigation.  It is also critical that you have an experienced divorce lawyer with knowledge of valuation methods and experience working with experts both inside and outside of the courtroom.  Generally, the marital home is a couple's largest asset and a real estate appraisal will be needed to determine the value of the home.  However, more complex cases may include a closely-held business, sophisticated employee compensation arrangements, and pension plans.  Discovering assets or fraudulent accounting methods by using forensic accounting experts could reveal hidden assets or lead to higher valuations of marital assets.

Lambert Legal is committed to providing the best representation in your Massachusetts divorce and family law matters involving asset division.  The property division laws and valuation methods can be complicated, and an experienced Massachusetts asset division attorney may be necessary to ensure that you receive an equitable division of the marital estates.  Call Lambert Legal for a free no-obligation consultation 781-754-6822.

Areas We Serve

Lambert Legal is a family law and divorce firm in Medford, Massachusetts. We serve clients throughout the Middlesex County area including Winchester, Somerville, Cambridge, Malden, Arlington, Woburn, Burlington, Boston, Essex County, and Suffolk County. Call For Free Consultation: 781-754-6822