Massachusetts is just not 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 similar to every partner’s contribution to the wedding and their monetary circumstances. For instance, in a neighborhood property state, a automobile bought by one partner in the course of the marriage is usually owned equally by each. In Massachusetts, nonetheless, the courtroom would decide possession and distribution based mostly on particular person contributions and general equity.
The excellence between neighborhood property and equitable distribution has vital implications for asset division in divorce or upon the loss of life of a partner. In equitable distribution states, judges have larger discretion in figuring out a good division of belongings. This will 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 affordable division of marital property, accounting for numerous contributions, each monetary and non-financial.