When you think of the common problems in a divorce, the issues of child custody or alimony may pop into your mind. However, another common divorce issue in Massachusetts is deciding who gets the house after the divorce. A house is both emotionally and financially important for both the spouses. If you are facing this in your divorce, you should talk to an expert. 

Understanding the specific laws of your state is highly important. There have been many cases where people have done research on the Internet and assumed the wrong things. When it comes to legal information, the only person to rely on is an experienced Andover divorce attorney. They are well-versed with the existing laws and any recent changes in the system. 

How is the marital home divided in Massachusetts?

Massachusetts is not a “community property” state. Rather, it follows the principle of “equitable distribution”. In this system, the judges divide the marital property based on what is fair in their given circumstances. On the other hand, community property states divide everything equally. 

When a couple gets a divorce, the marital property is divided based on each spouse’s contribution. For example, if a spouse took care of the children, that will be taken into consideration. The non-earning spouse should not miss out just because the other is the breadwinner of the family. 

Which factors are considered when dividing a marital home in MA?

It is impossible to assume which party will get the marital home at the end of the divorce. The court considers various things, including the following:

• The duration of the marriage. 
• The contribution of each spouse in buying and maintaining the house.
• Their ages.
• The best interests of the children.
• When the house was purchased.
• The health of each spouse.
• The profession and income of each spouse. 

Which is the best way to determine who gets the property?

Perhaps the best way to decide who should get the house is for the couple to agree on their own. It is better to have a private discussion rather than have strangers look at your problems and decide on them for you. 

If the house were purchased during the marriage, it would be divided into two equal parts. However, things can get complex if they were bought prior to the marriage. Another issue is whether one party contributed a significant amount while the other gave less funds. 

If the divorcing couple is unable to come to an agreement, then the courts will intervene. Ultimately, the couple will no longer be allowed to participate in the decision-making process. They will lose all control over who gets the property. 

So, the best course of action is to be civil with your spouse and make mutual decisions.