Massachusetts Property Division Attorneys
If you are facing an impending divorce and have concerns regarding property division, look to Miller Law Group, P.C. for sound legal counsel. Our family law firm puts a major emphasis on thoroughly preparing each case for trial, adapting the arguments to the unique nuances of the court whenever possible. Through extensive knowledge of and familiarity with these courts and their judges, we can help you obtain a fair property division order. Learn more about property division by calling (508) 502-7002.
Massachusetts Is an Equitable Distribution State
Massachusetts is an equitable distribution state in terms of property division.
This means that property is separated into two categories: marital property and separate property. All property categorized as marital property is then divided equitably, which means it is divided in a way that the judge sees as fair. This means that equitable distribution is not always tantamount to equal distribution.
Divorce Worksheet: What goes into a property division analysis? Click here to find out!
Divorce & Money
Money is one of the biggest sources of contention in divorce cases, second only to decisions regarding children. In fact, it is rare for a divorce case to exist without some debate as to who gets what and who has to pay what. Miller Law Group, P.C. is here to help ensure that you get a fair property division agreement.
Dos & Don’ts of Property Division
There are certain tactics spouses may try to use to protect their assets during the divorce process.
Unfortunately, not all of these tactics are helpful; in fact, some can be harmful to your case. When it comes to property division, here are some of the most important dos and don’ts:
Don’t conceal assets.
Sometimes, people think concealing assets will allow them to keep those assets after divorce. Any attempt to conceal assets can actually harm your case if the judge finds out.
Do collect related paperwork.
As soon as you and/or your spouse begin to consider divorce, it would be helpful to gather documentation like financial statements, information about retirement accounts, insurance plans, etc.
Don’t move out of the marital home.
One common mistake people make is moving out of their home before or during the divorce process. This can signal to a judge that you don’t care about living there, thereby giving your spouse an advantage in securing the home.
Do consider your debts and not just the marital assets.
Remember, not only are your assets divided in divorce, but your marital debts are as well.
Steps in the Property Division Process
Taking Inventory of All Assets and Debts
The first step in the property division process is defining all property you believe is considered marital property — jointly owned by you and your spouse.
Valuing the Property
This is where the process can become complicated. Property is valued using the fair market value of the home and other property based on appraisals by financial professionals such as real estate appraisers, accountants and business valuators.
Dividing the Property Equitably
Family court judges consider a number of criteria when deciding how the property division will be handled, including employment status, income, custody agreements and more.
Dividing the Debt
It is important to know that all marital debt will also have to be divided. In some cases, this can be more hotly contested than dividing property.
Taking an Aggressive & Intelligent Approach
At Miller Law Group, P.C., we take an aggressive approach without compromising strategy. We approach property division cases using both intelligent decisions and aggressive tactics that can help you get the results you desire. Many of our clients actually come to us after they have retained and fired another attorney. While we gladly take on cases for people who need to switch counsel, we encourage you to make the right choice the first time and choose our firm. Our divorce and family law attorneys have provided hundreds of free consultations for people throughout Massachusetts. Contact us today to request yours!