Does My Spouse Automatically Get The House In Our Divorce If My Name Isn’t Listed On The Deed?

It is not uncommon for only one spouse to be named on the deed of a home. However, the fact that only one spouse is named on the deed is not determinative in a divorce proceeding.

All marital property is subject to Equitable Distribution under M.G.L. Chapter 208, Section 34, the statute governing the factors to be considered by a Judge when making a determination of equitable division of the marital estate.

In making a determination regarding the distribution of real estate in divorce matters, the court will consider the length of the marriage, when the property was purchased, the amount and source of any downpayment, as well as each party’s contribution towards the maintenance of the property. The longer the marriage, the more likely a court will include the real property in the division of the marital estate, regardless as to whether the property was owned by one spouse prior to the marriage, most especially if the parties lived in the property as their principal residence and/or the parties’ relied upon the income generated from the property to meet the living expenses for their family.

Contact our office today for assistance in navigating Massachusetts divorce laws. Our dedicated team is here to assist you in understanding the complex process of divorce and property division.



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