QUESTION

How is property distributed if we're married in a community property state but have always lived in an equitable distribution state?

Asked on Oct 15th, 2014 on Divorce - Massachusetts
More details to this question:
If stocks are gifted to me from my family, will it be kept out of community property should I become divorced?
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1 ANSWER

In an equitable jurisdiction states, such as Massachusetts,  all property, including gifted and inherited property, are considered marital assets and subject to division.  However, being an equitable jurisdiction state, the court may chose not to divide the gifted property or limit the division of the asset.  There are a number of factors which plays a role in the court's analysis, such as the length of the marriage, age of the parties, health of the parties, the needs of any children, the ability of the both spouse to earn future income, etc.  Please let me know if you have any further questions. 
Answered on Oct 15th, 2014 at 12:41 PM

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