Dividing investment properties in a Massachusetts divorce

On Behalf of | May 19, 2023 | Divorce

Divorce presents complex financial challenges, including dividing marital assets such as investment properties. To navigate this process effectively, it is important to understand how Massachusetts handles the division of investment properties.

What are the factors that influence property division?

Distinguishing marital and separate property

In Massachusetts, the division of investment properties follows the principle of equitable distribution. The courts generally consider investment properties acquired during the marriage as marital property subject to division. Properties owned prior to the marriage or obtained through inheritance or gift are typically classified as separate property.

Valuing investment properties

Accurate property valuation plays a critical role in the division process. Appraisals or assessments help determine the fair market value of the investment properties. Precise valuation ensures a fair and equitable distribution of assets.

Evaluating contributions

The courts consider the contributions of each spouse to the acquisition and maintenance of investment properties. They assess financial contributions, efforts in property management and non-financial contributions, such as property maintenance and improvements.

Duration of the marriage

The length of the marriage can influence how to divide investment properties. Longer marriages often involve a higher likelihood of the court considering investment properties as marital assets subject to division, while shorter marriages may involve different considerations.

Alimony and asset division

The allocation of investment properties may intersect with considerations of alimony. If the court awards one spouse alimony, they may adjust the division of investment properties to ensure an equitable distribution of assets and ongoing financial support.

Court discretion and settlements

Massachusetts courts exercise discretion in determining the division of investment properties based on the unique circumstances of each case. However, couples can also negotiate and reach settlement agreements outside of court, giving them greater control over the division process.

Understanding the principles and considerations involved in dividing investment properties in a Massachusetts divorce is necessary for achieving a fair and equitable outcome.