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

In the Press · June 20, 2014

In the June 2014 issue of the Massachusetts Lawyers
Journal
, 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.