August 23, 2017

Do I have any rights to my wife’s house in Leominster?

Additional  Information:

When I got married, I moved into my wife’s house in Leominster. We are now getting divorced and I’d like to keep the house. Do I have any rights to it?  How are assets divided?

ATTORNEY ANSWER:

Judges in MA are given wide discretion to divide all of the martial estate of the parties.  The applicable statute is M.G.L. C. 208 s. 34, which sets forth all of the factors the Court must consider in dividing marital estate.  It is difficult to say what your interest in the home may be without having more information.  It would be helpful to know how long your wife owned the home prior to the marriage and what the value of the home was on the date of the marriage versus today.  It would also be helpful to know the length of your marriage.  It will also depend on the amount of any other assets of the marriage.

If the Court were to determine that you had some interest in the home and your wife did not wish to live there, then you could either buy her interest out if you had the financial ability to do so or you could give her a greater share of some other asset if it were available.  If your wife does desire to continue to live there and she also has the financial ability to buy your interest out, then she may be given priority.  Again it would depend on several factors such as:  did your wife grow up in the home or have a significant attachment to it before your marriage, did one of you put a great amount of “sweat equity” into the home etc. You should discuss your rights with an experienced Leominster divorce attorney.

Leominster Divorce lawyers at Riddle & Associates serve Leominster and the the Worcester County region including the areas of Lunenburg, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Leominster Divorce Lawyers
344 Summer Street
Fitchburg, Massachusetts