What Personal Property and Money do I Control During my Divorce in Northampton, Massachusetts.
Getting a divorce in Massachusetts is a messy business so if there is a way to keep it simple by communicating effectively with your soon to be ex-spouse, it may behoove you to do that. Separating can mean shortages of money, late bills, and losing access to personal property causing a bumpy path for you to follow.
Use of property.
When you get a divorce in the State of Massachusetts, the judge divides your property based on the particulars of your case. During the divorce process which can take time if one party cannot agree with the other about settlement, the judge can order a spouse to let the other spouse use personal property and real estate, for instance staying in the family home may be something the judge sees in the best interest of the children. If you have been abandoned by your spouse, and you are having difficulty paying for the things you need, the judge can order your spouse to let you keep certain personal property and real estate.
Factors judge considers for division of property.
During the divorce process the judge will divide all of the property you and your spouse own. That means collectively all that you own together and all that you own separately. The judge has the final say in what is fair unless you come to the table with an agreement on splitting your property. The judge will look at the whole picture when deciding who will get what of the personal property. This decision will be based on “factors” which are considered into the equation including:
- how long you have been married,
- how you behaved throughout the marriage,
- age,
- health,
- ease in getting gainful employment,
- type of work you do,
- job skills,
- present income,
- amount of money and property you have,
- debts,
- needs,
- children’s needs,
- how hard it will be for you to get money, property or income in the future.
The judge may consider factors for both you and your spouse like: 1) how much each of you paid to buy, maintain and increase the value of your property, and 2) what each of you did for the family as a “homemaker”. Shopping, cooking, cleaning, and child care can be as important as bringing in money. You have the right to a share of the personal property even if you did not earn the money and did not buy the property.
The division of property when you get divorced is sometimes a division of actual things, usually expensive things, like cars, art work, furniture, and jewelry. For ordinary things, like pots and pans and household tools and appliances, the judge decides how much one spouse has to pay the other.
Bank accounts are also property.
If you are married, the Probate and Family Court can divide up the money in all the joint accounts and individual accounts. When you are married, all of your property belongs to the two of you together, no matter whose name it is in. When you file for a divorce in Massachusetts or a Complaint for Separate Support to cover your expenses while you go through the process, you can get a court order addressing you bank accounts. The Probate and Family Court will issue an automatic restraining order regarding the bank accounts stating that the two of you can only spend money from joint or individual bank accounts for “reasonable expenses of living,” like rent, food, and utilities and you can only spend money on anything else if you both agree to it or the court orders that you can. An automatic restraining order temporarily “freezes” your bank accounts. It also says that you cannot borrow money that your spouse will have to pay off and you cannot cut off health, dental, or car insurance.
Seek legal counsel.
Matters of property division surrounding the process of divorce are difficult and navigating your way to the best possible outcome to secure a stable way of life after the final divorce is easier with the help of the legal professionals at DinsmoreStark, Attorneys at Law, who have experience and know what hurdles will come up and how to get over them with ease.
Dinsmore Stark, Attorneys at Law
60 Masonic St., Ste. E
Northampton, MA 01060
Phone: 413-341-3639
Fax: 413-341-3640
[email protected]
[email protected]
Sources:
https://www.masslegalhelp.org/domestic-violence/wdwgfh11/bank-accounts
