Deciding Who Gets the Marital Home in a Massachusetts Divorce

A key issue in many Massachusetts divorce cases is deciding who will get to keep the marital home. If the parties cannot reach an agreement on this issue, it is left to a judge to make a final determination as part of the overall division of marital property. Massachusetts law does not require judges to award a marital home based on any single factor; rather, the court must consider a number of relevant factors outlined by statute.

Looking at All of the Factors

A recent decision from the Appeals Court of Massachusetts, Nasr v. Nasr, offers a good practical illustration of how courts apply statutory factors when awarding marital homes. This divorce case involved a short-term marriage between two people in their 70s. The husband and wife lived together for 18 months prior to marriage; after marriage they purchased a condo.

The trial court awarded the condo to the former wife, prompting the former husband’s appeal. Specifically, the former husband argued that the judge erred in examining four specific statutory factors. These were:

• the trial court concluded that the down payment to purchase the condo came from “comingled” funds, i.e., money that was jointly owned by both spouses;
• the trial court determined that the former wife’s allegations of emotional and psychological abuse by the former husband were credible;
• the trial court considered assets held by a foundation controlled by the former husband, and essentially used to pay his personal expenses, as part of the marital estate; and
• the trial court credited the former wife’s testimony that she left her job under pressure from the former husband in order to support his career and professional interests.

The Appeals Court determined that the trial judge was allowed to consider all of these factors, as they were all valid considerations when determining an award of the marital home. For example, with respect to the down payment, the trial judge determined that after leaving her own job, the former wife assisted the former husband’s business of “flipping” real estate, which generated money that went into the husband’s accounts. The former husband also reported his former wife’s income when applying for a mortgage for the condo.

Taken as a whole, the Appeals Court said the trial court acted within its discretion in determining the former wife “contributed to the purchase of the home,” even if the down payment came from funds drawn on the former husband’s sole bank account.

Contact a Peabody Divorce Lawyer

When a divorce case gets in front of a judge, there is usually no single factor or “magic bullet” that will decide how the court will divide the party’s marital assets. That is why it is important to work with a qualified Peabody divorce lawyer who can help you build a comprehensive case in support of your position. Call Reade Law Firm, PC, today at 978-767-8383 or contact us online to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=946497980266073700