What if Both Parties Want to Stay in the Marital Home in a Massachusetts Divorce?
Divorce can be one of life’s most challenging events, and it often raises difficult questions about the division of marital property. One of the most contentious issues in a divorce proceeding is often the fate of the marital home. In Massachusetts, the laws surrounding the division of property, including the family home, are designed to ensure an equitable distribution between spouses. Understanding how the courts approach the division of the marital home is crucial for anyone navigating a divorce in Massachusetts.
Understanding the Marital Home in Divorce Cases
In Massachusetts, the marital home is considered a marital asset, subject to division during a divorce. This classification means that the home acquired during the marriage is included in the property division process. Massachusetts law does not follow community property principles, which means that assets are divided equitably rather than equally. As such, a court will evaluate various factors, including the length of the marriage, the equity in the marital home, and each spouse’s financial situation, when deciding who gets the house in a divorce.
In many cases, one spouse may express a desire to keep the home. If one party wishes to retain the marital home, they may need to buy out the other party’s interest in the property. This often involves assessing the current mortgage, the home’s market value, and any existing debts associated with the property.
Dividing Property: Who Gets the House?
Factors Influencing the Decision on the Marital Home
Several factors influence the court’s decision regarding who gets the marital home during divorce proceedings. The court will look at the length of the marriage, when the home was purchased, whether it was purchased with premarital funds (in the case of a short term marriage), and whether the interested party can afford to keep the house. If one spouse wishes to keep the house, they will likely need to buy out the other party’s interest, which requires an accurate assessment of the home’s current market value and existing debts. Furthermore, the needs of any children involved can sway the decision, as courts often prioritize stability for minors. Other considerations include each spouse’s earning capacity, contributions made to the household (though this is not a significant consideration in long term marriages), and any inheritances that may have been considered separate property. The goal is to achieve a fair division of assets.
Role of Massachusetts Judges in Property Division
Massachusetts judges frequently have to make decisions about the marital home, including who has the right of use during divorce proceedings, and whether the house should be sold. They are tasked with evaluating the specifics of each case and applying the principles of equitable distribution to reach a fair outcome. Judges take into consideration all relevant factors, including the financial circumstances of each spouse, the length of the marriage, and any contributions made toward the acquisition of the marital assets. The court also assesses any temporary orders that may have been established during the divorce process, which can influence the division of the marital home. If one party has been granted the right to occupy the home during proceedings, this may affect the final decision. Furthermore, Massachusetts courts have held that the emotional and practical aspects of retaining the family home must also be weighed, especially when children are involved. Ultimately, the judge’s decision aims to provide a resolution that fairly allocates marital property while considering the needs and rights of both spouses. Bearing all of this in mind, if both parties want to keep the marital home and cannot agree on a buyout, many Massachusetts judges will order that the house be sold and the proceeds divided equitably.
The Marital Home and Debt Considerations
Impact of Mortgage on Dividing the House
One of the most significant factors affecting the division of the marital home is the existing mortgage. The court must consider the mortgage obligations attached to the property, as they represent a shared debt that can complicate property division and encumber the party who is not keeping the house. If one spouse wishes to keep the house, they are generally given a period of time in which they must assume the mortgage, refinance the property in their own name, or otherwise remove the other spouse from the debt. This includes evaluating income, creditworthiness, and any other debts that may impact their capacity to retain the marital home. Divorcing spouses need to understand that the person retaining the house will not receive a quitclaim deed from the other spouse until they have removed that spouse from the debt.
Selling the Marital Home
Many couples choose to, or must, sell the marital home. If that is the case, it is important to craft language around the terms of the sale. Parties need to agree on a choice of broker, who will ready the house for sale, how necessary improvements or repairs will be handled and paid for, what offers can be reasonably rejected, and where the net sale proceeds will be held pending a final determination of the equitable division. Sometimes this can be done while divorce proceedings are pending. It is important to have a family law attorney or attorney mediator draft language around such a sale.
