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Massachusetts Marital Property Laws

The term "marital property" refers to all possessions and interests acquired by a couple during the period of their marriage, which becomes relevant during divorce proceedings. Just a few states recognize the concept of community property, in which everything is jointly owned. Massachusetts is not one of those states.

Massachusetts law requires the division of property in a divorce to be equitable, meaning that it must be fair, though not necessarily equal. Couples who don’t manage to resolve property issues on their own will end up going to court to ask for a decision from an arbitrator or a judge.

Learn more about Massachusetts marital property laws, and marital property in general, below. See FindLaw's Divorce and Property section for more information.

Community Property Recognized? No
Dower And Curtesy Curtesy abolished (Ch. 189, §1), but certain dower and curtesy rights (merged and together called "dower") remain

Note: State laws are constantly changing -- contact a Massachusetts family law attorney or conduct your own legal research to verify the state law(s) you are researching.

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