Marital Domestic Separation and Property Settlement Agreement Adult Children - Massachusetts 2025

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In community property states, couples are obliged to follow an exact 50-50 split of community property. In Massachusetts law, by contrast, a judge can throw all property, both premarital and marital, into the mix, and the court does not have to divide it evenly.
In Massachusetts, all property, including separate bank accounts, may be considered marital property and divided during a divorce.
You do not need a lawyer to write your Separation Agreement. But an agreement can affect your life for a long time. Some of the decisions are complicated, like taxes. Also, a judge might reject an agreement if it doesnt cover everything.
Premarital property As a general rule, property or assets you owned prior to your marriage will be exempted from equitable distribution. But there are always exceptions to every rule. The court may grant your ex a share of premarital assets if they have, among other things: Been added to a title or deed.
In Massachusetts, separate property refers to assets that belong solely to one spouse, often because they were acquired before the marriage. Common examples include property purchased before the wedding, inheritances received individually, and gifts given explicitly to one spouse.
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Inheritances are considered divisible marital assets in Massachusetts, however, there is little legal guidance and judges handle them differently. For the most part, in the case of short-term marriages, inheritances do not factor in. The house is a different issue if you truly made significant contributions.
Get a prenup or a postnup Before you get married, consider getting a prenuptial agreement. In your prenup, you can specify what property you want to remain yours in the event you get divorced. If youre already married, consider getting a postnuptial agreement.

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