Donald G. Tye Co-authors Massachusetts Lawyers Journal Article, “The Basics of Equitable Distribution and the Treatment of Gifted and Inherited Assets in Massachusetts”

June 20, 2014

In the June 2014 issue of the Massachusetts Lawyers
, Donald G. Tye, Prince Lobel Domestic Relations Practice Group Co-chair,
and Patricia
A. O’Connell, partner at Kajko, Weisman, Colasanti & Stein LLP discuss the
importance of communicating to clients the basics of equitable distribution of
property upon divorce in Massachusetts and the treatment of gifted, inherited
and pre-marital assets.

Clients need to consider the following:

  • The marital estate subject to distribution consists
    of all property owned by either property, including pre-marital property
  • The court has broad discretion in weighing the
    statutory factors that must be considered when distributing the estate
  • There is no presumption of a 50/50 distribution
    of the estate
  • The court has discretion to determine the date
    for dividing the marital estate
  • Always inform your lawyer (and provide any
    available documentation) about the source of gifted/inherited assets; use, or
    sequestration, of those assets during the marriage; and contributions to both
    the gifted/inherited assets and the overall marital partnership.

Please click here to read the complete article.

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