Personal Property & Divorce in Massachusetts
The division of personal property in a divorce can be a challenging issue to come to an agreement on. If the parties are unable to come to a distribution agreement amongst themselves, the court will intervene and divide the property for them at its discretion.
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Property
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There are two types of property: real property, such as a residential home, and personal property, such as clothing, furniture and vehicles. All property acquired during a marriage is marital property unless it was a gift or inheritance. At divorce, all marital property must be divided between the two parties.
Equitable Distribution
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Massachusetts is an equitable distribution state, meaning all property is divided by what is fair and appropriate based on each party's contributions during the marriage rather than a 50/50 split. If the parties cannot reach a settlement agreement for the property, the court will divide it for them.
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Factors
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When determining how to divide the marital property, the court will consider the following factors: the length of the marriage, the conduct of each party during the marriage, the age, health and earning capacity of each party, the occupation and source of income for each party, the needs of each party, the financial future of each party, and whether or not a period of rehabilitation is needed for each party to gain financial independence.
Expert Insight
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The court would prefer not to itemize and divide each piece of personal property and thus encourages the parties to divide the property among themselves and come to an agreement. The court also will not care about sentimental value or the desires and wants of each party. Thus, it is in the best interest of both parties to come to an agreement outside of court. Experts suggest that the parties involved make lists of the properties each person wants and the monetary amounts of those properties, and then subtract the dollar amounts for all property that must be replaced. For example, if one spouse takes the TV, the other spouse should take note of the replacement cost for a new television. Once all of the property is divided in an equal fashion, a settlement has been reached.
Considerations
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The court may elect to change property distribution based on child custody and court-ordered child support payments. For instance, the court may award the custodial parent the marital home and then compensate the non-custodial parent by awarding him more personal property.
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References
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