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Recent Articles & News
On Monday, you inherit a million dollars. On Tuesday, your spouse files and serves a Complaint for Divorce. Do you get to keep the million dollars?
In Massachusetts, the court has broad discretion in determining which assets belong to the marital estate and how they should be divided. Neither the date of acquisition nor the manner in which title is held necessarily determines whether an asset is to be included in the estate. Rather, the concept of marital property in Massachusetts, as defined by statute as well as applicable case law, is expansive. “Upon divorce … the court may assign to either husband or wife all or any part of the estate of the other …” Massachusetts General Laws, Chapter 208, Section 34.
Another impediment related to residential foreclosure
Following a foreclosure, we all have been faced with the prospect of evicting the homeowner who becomes as we all thought, a tenant-at-will. The general rule was to provide a 30-day notice of termination of tenancy and then to begin a summary process hearing to evict the post-foreclosure "tenant" from the property.