Marital property is property that a couple acquires during a marriage. Separate Property is property that one spouse owns before marriage or acquires by gift or inheritance during the marriage. All people getting divorced in Massachusetts must divide their marital property as part of the divorce process. Sometimes parties can agree on what is marital property and how to divide it. Other times, it can be hard to determine what is marital property because the couple has been commingling separate property and marital property.
If the parties can’t agree, then the court will determine the value of the assets and will divide a couple’s property in any matter that seems fair and equitable. Each case is different and is based on the individual facts and circumstances.