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Property division in Massachusetts

Couples in Massachusetts who are going through a divorce commonly spend a lot of energy and time determining how to divide up their property and other assets. Both parties should do proper research about what types of assets should be considered in order for there to be a fair outcome.

According to FindLaw, the state requires that property division should be equitable, which does not necessarily mean that everything is split equally. The division of property can consist of selling off items and splitting the money in a fair manner or exchanging items of value. Because Massachusetts does not recognize community property, property that was owned prior to the marriage may be considered in the process. In ideal situations, the couple is able to determine who gets what so that both sides are satisfied. When this does not happen, the court usually gets involved in the division decisions. Certain factors may be involved when determining how the property is divided. These include the length of the marriage, current or future careers, salary amounts, misconduct by either party and the ages of each party.

According to Forbes, certain assets are sometimes overlooked in divorce proceedings. Along with the obvious things such as houses, vehicles, jewelry, furnishings and art items, spouses should also consider assets such as:

  • Coin, wine or other rare item collections
  • Points from reward programs such as travel or credit cards
  • Capital loss carryovers
  • Benefits from past employers
  • Memberships to golf courses, country clubs, etc
  • Cemetery plots
  • Lottery tickets
  • Intellectual property

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