Who gets the house when divorcing in Massachusetts?

When you’re going through a divorce, figuring out who gets what can be an emotional and complicated process. And when it comes to the family home, the stakes are especially high. You’re not just dividing assets; you’re also making decisions that will impact your family and lifestyle for years to come. At Reade Law Firm, PC, we understand these complexities and are here to guide you through every step of the process.


How Massachusetts Views Property Division

First and foremost, it’s crucial to understand that Massachusetts follows the “equitable distribution” model for dividing property in divorce cases. The term “equitable” can be somewhat misleading. It doesn’t necessarily mean an equal 50/50 split, but rather what the court considers fair given the specific circumstances of your marriage and financial situation. This fairness is determined by a variety of factors that we’ll delve into below.

It’s important to note that unlike in some states, virtually all property owned by either spouse can be divided, whether it was acquired before or during the marriage. This includes gifts, inheritances, and assets owned before marriage unless there is a prenuptial or postnuptial agreement in place.


Key Factors in Determining Who Gets the House

When it comes to who gets the family home, several factors come into play. Some of the key considerations include:

  1. Length of the Marriage: Longer marriages may result in a more equal division of assets, including the family home. The court often perceives long-term marriages as partnerships where both spouses have contributed significantly over time. Therefore, abruptly severing one partner’s connection to the family home can be viewed as particularly unfair in long-standing unions.
  2. Economic and Non-economic Contributions: This considers who contributed financially to the purchase and upkeep of the house, as well as non-monetary contributions like housework or caring for children. Courts often recognize that both types of contributions are essential to maintaining a household. For instance, one spouse may have paid the mortgage, but the other might have managed upkeep and renovations, contributing to the home’s increased value.
  3. Needs of the Parties: The court will consider the future financial needs of both parties. If one spouse needs the home for stability, especially when children are involved, this can weigh heavily in the decision. Additionally, if one spouse sacrificed career advancements to maintain the home, they might have a stronger claim to keeping it after the divorce.
  4. The Well-being of Children: If there are minor children in the family, their well-being and need for stability can be a significant factor. Often, the parent with primary custody may have a better chance of retaining the family home. Courts also consider how moving might disrupt the children’s education and social life, tipping the scales in favor of keeping them in a familiar environment.


Practical Tips

To make the division process as smooth as possible, there are some practical steps you can take. Document your financial and non-financial contributions to the home. If you paid for renovations or contributed significantly to the mortgage payments, keep records. This documentation can play an essential role in negotiations or court proceedings.

Similarly, consider getting a professional valuation of your property. Knowing how much the house is worth can help in either negotiating its sale or determining how other assets are divided to balance the scales.

The division of the family home in a divorce is a complicated and emotionally charged issue. By understanding the key factors that courts consider and preparing in advance, you can better navigate this difficult period. It’s not just about assets; it’s about finding a fair and equitable solution that respects the needs and contributions of all parties involved.


Need More Guidance? We’re Here for You.

Let the knowledgeable team at Reade Law Firm, PC empower you to find your best way forward during and after the divorce. We help you achieve the objectives that mean the most to you while preserving your peace of mind. Contact us today to schedule a confidential consultation. Navigating the complexities of property division, particularly something as emotionally and financially significant as the family home, can be overwhelming. But you don’t have to go through it alone. Contact us online or call us at (978) 767-8383. We’re happy to help.