In an equitable jurisdiction states, such as Massachusetts, all property, including property purchased by only one spouse, are considered marital assets and subject to division. The presumption is that the court will divide the property 50/50. However, being an equitable jurisdiction state, the court may chose not to divide the 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 Dec 01st, 2014 at 8:10 AM