Division of Property
Worcester County Property Division Lawyer
When spouses go through a divorce, the division of property, can be a stressful part of the process. That’s understandable—spouses are seeing all that they own placed on a negotiating table to be divvied up. Spouses can take comfort in knowing that there are laws in the state of Massachusetts designed to protect them. But whether or not a spouse gets a truly fair settlement, one they can use as a building block for the next chapter of their lives, may come down to the quality of their Worcester County property division lawyer.
The attorneys at Murphy & Rudolf, LLP have over 70 years of combined experience, and are backed up by a diligent legal staff.
Call our office today at (508) 570-3037 or reach out here online to set up a free consultation.
Separate Property vs. Marital Property in Massachusetts
The first step is to divide property into two separate buckets, marital property, and separate property. property is any asset or debt acquired during the marriage. This includes income earned by either spouse, as well as any assets purchased with that income. Separate property, on the other hand, is any asset or debt owned prior to the marriage, or received as a gift or inheritance during the marriage.
There are some exceptions to this rule. In some cases, separate property can become marital property if it is commingled with other marital assets or used for joint purposes during the marriage. For example, if one spouse uses their separate funds to purchase a home that both spouses live in during the marriage, then it may be considered marital property in a divorce settlement.
Each spouse retains ownership of their separate assets and debts after a divorce. These assets are not subject to division, nor is any tradeoff necessary in negotiation. Marital property, on the other hand, is subject to both negotiation and Massachusetts law on equitable distribution.
Murphy & Rudolf, LLP serves clients throughout Worcester, Middlesex, and Hampden counties. Call today at (508) 570-3037 or fill out our online contact form to set up a free consultation.
Equitable distribution is not the same as equal or 50/50 division of assets and debts. The requirement is that the property division be considered equitable. This is an intangible definition, as what is fair to one person may not seem fair to another.
The goal of equitable distribution is to ensure that both spouses receive a fair amount of assets and liability. In some cases, this may mean that one spouse receives more than 50% of the marital assets if it’s determined that it’s in their best interest based on their individual circumstances. On the other hand, it’s possible that equitable may indeed lead to an even 50/50 split. It all depends on the dynamics of each individual case.
When a divorce case goes to court, the person whose definition of fairness matters is the judge. And the caliber of a Worcester County property division attorney to effectively present their client’s case may prove significant to the outcome.
When clients come to Murphy & Rudolf, they get more than an experienced Worcester County property division lawyer, one that knows how to negotiate and litigate. Clients do get that kind of attorney to be sure, but they also get a team of legal staff that is dedicated and talented. This team-oriented approach is aimed at ensuring little details don’t get missed—because little details can add up to big dollars in a divorce settlement.
Call Murphy & Rudolf, LLP today at (508) 570-3037 or contact us online today to set up a free consultation.
“The communication was clear, precise, and consistent; they answered all of our questions with a lot of patience.” - Jeanette F.
“They were truly the best attorneys I could have asked for.” - Louie W.
“Him and his staff are attentive, and respectful when it came to dealing with this case.” - Nilson Crespo