Hingham Asset & Debt Division Attorneys

What Is Considered Marital Property in Massachusetts?

In Massachusetts, the courts divide marital property equitably. But what constitutes marital property? According to Massachusetts law, “marital” property is anything acquired by either spouse during the marriage. This may include: 

• The couple’s shared residence 
• Any jointly owned real estate 
• Financial accounts 
• Debt that has been acquired

What Is Considered Separate Property in Massachusetts?

Anything gained before the marriage is considered “separate” property. This may include: 

• Property owned prior to the marriage
• Inheritances 
• Any gifts given to a spouse from a third party may also constitute as separate property

When Separate Property Becomes Marital Property

While some states only divide martial assets, Massachusetts takes a different approach. In the state, both shared marital property and separate property have the potential to be split. However, ultimately it is up to the court and separate property can be honored. 

In some cases, separate assets can also become marital property in a process known as “co-mingling”. For example, if a couple begins sharing a bank account that was previously owned by one spouse or if titles to a property are transferred, those separate assets can become community property.

Seek Protection from an Experienced Hingham Property Division Lawyer

Whether you and your spouse are facing a contested divorce or mediation, our asset and debt division attorney in Hingham or Newton can assist you. We work with other professionals when necessary to assist with the equitable distribution process, such as accountants and other individuals who can help with valuating your property and dealing with records. If you choose to seek an out of court settlement, we can guide you through the mediation process.