Fitch Law Partners LLP
Excellence in Complex Litigation
617-542-5542

Division of Assets

It's Not Over Till It's Over: Assets Earned After Service Of Divorce Complaint Are Included In The "Marital Estate"

From a legal perspective, getting hitched in Massachusetts is fairly quick and simple, requiring little more than a valid marriage license and a proper officiant.  It is not even necessary to be wed by a clergy member or Justice of the Peace, as anyone over the age of 18 in reasonably good character can receive a one-day designation to solemnize the marriage.  Divorce, on the other hand, is rarely if ever as easy or efficient, and contested proceedings take months and even years to finalize.

"A House Divided": Determining the Disposition of the Martial Home Upon Divorce

Abraham Lincoln has famously stated that "a house divided against itself cannot stand"; and the disposition of the marital home is often one of the most contentious issues in a divorce case.  In many cases, the marital home represents the couple's most significant asset (other than retirement assets) and deciding how to distribute the property can be thorny, particularly as the mortgage lender will continue to consider both parties jointly obligated until the property is either sold or refinanced.

Mine, Yours or Ours? Ownership of Property During the Marriage and Upon Death or Divorce

Many married couples give little thought to the issue of which party "legally owns" property acquired during the marriage or the impact that legal ownership may have upon the distribution of assets in the event the marriage ends by death or divorce. Some couples assume, albeit incorrectly, that all property is "marital" in the sense that everything owned by either party will pass to the surviving spouse in the event of death.  Other couples assume, also incorrectly, that owning property in one's individual name (rather than jointly) will protect the asset from the other in the event of divorce.  While neither assumption is correct, the irony of the current state of Massachusetts law is that parties are afforded far greater rights in the property and estate of the other if their marriage ends in divorce than they are if their marriage ends in death.

Contact Us

Fitch Law Partners LLP
1 Beacon Street
Boston, MA 02108

Phone: 617-542-5542
Fax: 617-542-1542
Boston Law Office Map

Fitch Law Partners LLP
56 Pine St
Providence, RI 02903

Phone: 401-521-6500
Fax: 401-274-2780
Providence Law Office Map

Fitch Law Partners LLP
110 Cedar Street
Suite 250
Wellesley Hills, MA 02481

Phone: 617-542-5542
Fax: 617-542-1542
Map & Directions