Massachusetts shouldn’t be a neighborhood property state. In states with this authorized framework, most property acquired throughout a wedding is taken into account equally owned by each spouses. This contrasts with equitable distribution states like Massachusetts, the place marital property is split pretty and equitably upon divorce, contemplating elements akin to every partner’s contribution to the wedding and their monetary circumstances. For instance, in a neighborhood property state, a automotive bought by one partner throughout the marriage is usually owned equally by each. In Massachusetts, nonetheless, the court docket would decide possession and distribution based mostly on particular person contributions and total equity.
The excellence between neighborhood property and equitable distribution has vital implications for asset division in divorce or upon the demise of a partner. In equitable distribution states, judges have higher discretion in figuring out a good division of property. This may result in extra individualized outcomes tailor-made to the specifics of every case, contemplating elements past merely equal possession. The system current in Massachusetts permits for flexibility and goals to make sure a simply and cheap division of marital property, accounting for varied contributions, each monetary and non-financial.