Massachusetts Divorce Law...

Massachusetts Law - What is 'Separate Property?'

In most states, but not in Massachusetts, the notion of " separate property " is important in property divisions.

In Massachusetts, however, all property owned by either party -- including gifts and inherited property -- is available to be distributed to either party.

The courts do consider whether one spouse received property as a gift or inheritance, but they do not feel bound to award that property to the spouse who received it.

Section 34.

Cases:

Handrahan (1989) 547 NE2d 1141 (This case concluded that the court should have awarded the wife the entire home. The money for the home came from a home the wife had previously owned. Also, the wife had assumed most of the economic and family responsibilities during the ten-year marriage. The husband had been an alcoholic and physically violent. The lower court's award of 25% of the home to the husband would have forced the wife to sell the home and further upset the life of the child of the marriage. The parties had no assets other than the home, which had equity of $205,000. The husband in this case earned $26,650 per year, and the wife earned $31,900 per year.)

Richman (1990) 555 NE2d 243 (In this unusual situation, the court did not attempt to continue the wife's lifestyle that she had known during the marriage. The marriage had lasted nine years. The husband had had a net worth of $11 million at marriage and $15 million at divorce. The court awarded her a $1 million payment, and art which she had brought to the marriage, but no post-trial alimony, apparently on the basis that she had not made a contribution to the family or the assets.)

Johnson (1996) 494 NE2d 423 (The wife's mother had given $38,000 to the wife. This money had been put in a separate account in the wife's name and invested. By the time of the divorce, the money was worth $80,000. The judge considered it as part of the marital estate, which the judge could have divided, but the judge then awarded it all to the wife. The judge did so especially because of the wife's poor health and the husband's abusive conduct during the marriage.)

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