Owning a home before marriage does not necessarily mean you will keep it separate in a Massachusetts divorce. Massachusetts courts can consider property acquired before marriage when dividing the marital estate. How the home was used and paid for during the marriage may affect the result.
Can a premarital home be divided in a Massachusetts divorce?
Massachusetts uses equitable distribution when dividing property in a divorce. The length of the marriage is one factor the court considers. The court also looks at each spouse’s finances, needs and role in the marriage. No single factor decides the outcome.
What factors does a Massachusetts court consider when dividing a premarital home?
Courts consider several factors when deciding how to divide property. These include the length of the marriage, each spouse’s finances and role in the property. Mortgage payments and home improvements made during the marriage may affect the court’s analysis.
The court also considers the family’s financial needs and other circumstances. When dependent children are involved, their needs may also affect the property division.
How can marital contributions affect a premarital home?
Marital contributions can include using joint funds to pay the mortgage or making improvements during the marriage. These contributions may affect how the court views the home. In Baccanti v. Morton, the Supreme Judicial Court upheld a division that included some of one spouse’s premarital assets.
Financial records can help show how the property’s value changed during the marriage. Mortgage statements, payment records and records of improvements can provide useful evidence.
What records can help document your premarital ownership?
Keeping records of the home’s purchase, value, mortgage payments and improvements can help show its financial history. Records of the home’s value at the start of the marriage may also show how it changed over time. A Massachusetts family law attorney can review these records and explain how premarital ownership and marital contributions may affect property division.