Division of Assets in Bristol County

Advocating for Your Spousal and Property Interests in Plymouth, New Bedford, Boston, Quincy, Hingham, Norfolk Counties

Property division is one of the most complex family legal disputes following separation. Especially if you have been married for a long time or have significant high-value assets in the marriage, the asset division process can be lengthy and contentious. The Law Offices of Rachel M. Matos can lend a professional hand and advocate for your spousal and property interests in your property division case. 

Schedule a consultation online to discuss your legal options with a Certified Financial Litigator today. 

Equitable Division in Massachusetts

Massachusetts law requires that the division of property in a divorce be equitable and fair, which may or may not have to be equal. Spouses may either reach a property division agreement on their own or in mediation, or they will have to proceed to trial for the judge to make a final decision. 

The property division process involves the following steps:

1. Identifying the property to be divided.
2. Assigning a monetary value to each distributable asset.
3. Distributing the property.

Note that under Massachusetts’ equitable distribution laws, courts can distribute both marital and separate property (owned by only one spouse). However, a court will usually award separate property to the original owner.

Process of Distributing Property

The process of assigning monetary values to the distributable property can be complex, especially if assets include financial accounts. It is best to work with a property division attorney on this process, as they can consult a financial analyst and other experts for sound evaluations. 

After values have been assigned to the property, spouses can proceed with division by assigning the items of property to each spouse. Some couples might decide to sell certain property and divide the proceeds. In some cases, spouses may agree to hold property together, such as if the property is an investment with potential for growth or a family home.

If the couple cannot agree on how to divide their property, a judge will make the decision based on the length of the marriage and each spouse’s:

• age, health, and station in life;
• occupation, vocational skills, and employability;
• amount and sources of income;
• liabilities and needs;
• contributions to the acquisition, preservation, or increase in value of their respective estates;
• contributions to the family unit as a homemaker;
• opportunity for future acquisition of capital assets and income;
• estate and inheritances.

There are a few key steps to preparing for equitable division – identifying the marital property up for division, assigning the value of each distributable asset, and actually dividing the property.