Questions About Dividing Marital Assets and Debts? Call Our Massachusetts Lawyers.
Dividing the property and debt accumulated during the couple's marriage is an important part of divorce. It is particularly critical to get this right, as in most circumstances, property division is not subject to modification.
Our Home-Court Advantage
At the Worcester office of The Massachusetts Family Law Group, our attorneys are adept at getting it right. Because we appear in the Worcester County Probate and Family Court almost every day, we know the preferences of the judges and are able to anticipate how they might respond to motions and proposed orders involving property division.
Advice to Clients About Property Division
What to Do First — Make an Inventory
Property division starts with an inventory of everything you acquired during your marriage. Both small and large assets such as homes, businesses, retirement accounts and stock options must be included in the process if they are marital property. Don't forget debts; they, too, must be included. If you suspect your spouse of hiding assets to exclude them from distribution, we can help.
Next — Assign a Value and Divide the Property
Assigning value to some assets is complicated. Our law firm works with a statewide brain trust that includes real estate appraisers, business valuators, stock market analysts and many others.
Dividing marital property equitably does not mean a 50-50 split. Rather, the division is supposed to be fair. For example, a wife who supported her husband through medical school might get a larger amount of the marital property.
What if We Can't Agree?
It is better to complete the property division process without going to court. The court evaluates factors such as the length of the marriage, the conduct of the parties during the marriage and the contributions of the marital estate made by each party. You may wish to exclude some of these factors, but once the matter goes to trial, you will have no choice. We can advise you about the pros and cons of a trial.
Why You Need an Attorney
If you think your spouse might file for bankruptcy, we can protect you. You may think you will not be able to keep your home. Our lawyers can advise you. The division of property proposed by your spouse may leave you with a large tax liability. We can help. Our aggressive and focused representation in all types of property division matters is one of the reasons that our law firm is frequently called in to take over contentious cases involving hidden property and complex business assets.
Learn About Property Division
Contact our Worcester property division lawyers to learn more. Call us toll free at (800) 970-LAWYER.
