The Marital Home
Options for selling, buying out, or otherwise addressing the family home.
Massachusetts Property Division
Protecting your financial future when assets are divided.
Dividing a home, retirement savings, a business, or investments is often the most consequential part of a divorce. Caldeira Law, P.C. helps clients in Hingham, across the South Shore, and throughout Massachusetts understand what is at stake and pursue a fair result.
More than 25 years of family law experience. Practical advice. Careful preparation. Personal representation.
25+ Years ExperienceFormer SJC Law ClerkGuardian ad LitemAdjunct Professor
How Massachusetts divides property
Equitable does not always mean equal.
Massachusetts follows equitable distribution. The Probate and Family Court considers a range of statutory factors, including the length of the marriage, each spouse's income and earning ability, age, health, needs, and contributions to the marriage, including as a homemaker.
Massachusetts courts can consider all property owned by either spouse, which can include property owned before the marriage or received by gift or inheritance. How those assets are treated depends on the facts.
Accurate valuation and a clear understanding of tax and timing consequences are essential to a fair division.
Start with clarity
A consultation can help you understand:
- What property may be part of the marital estate
- How the home and retirement accounts may be handled
- Valuation questions for a business or real estate
- Tax and timing issues to consider
- Documents and records to gather
Property division representation
Assets and issues Caldeira Law handles.
Every marital estate is different. These issues often overlap and should be considered together.
Retirement Accounts
Pensions, 401(k)s, IRAs, and the orders needed to divide them properly.
Businesses
Closely held businesses and professional practices, including valuation and income questions.
Investments & Stock
Brokerage accounts, stock options, restricted stock, and other compensation.
Premarital & Inherited Assets
Assets owned before the marriage or received by gift or inheritance.
Debts
Mortgages, loans, credit obligations, and how liabilities are allocated.
Complex assets?
Understand the full financial picture before you agree.
A consultation can help you identify the assets, valuation questions, and priorities that may matter most in your case.
Experience matters
More than 25 years of family law experience.
Attorney Charlene A. Caldeira brings more than 25 years of experience representing clients in Massachusetts family law matters. Her background includes service as a law clerk to the Massachusetts Supreme Judicial Court, court-appointed work, teaching, and continuing legal education.
That depth of experience informs how Caldeira Law approaches property division: understanding the law, identifying practical solutions, and preparing carefully for every stage of the matter.
Meet Charlene CaldeiraThe process
How property division may proceed.
Every case is different. Understanding the general stages can make an unfamiliar process more manageable.
Identify
Identifying assets and debts, including those that may be overlooked.
Value
Gathering documents and, when needed, working with appraisers or financial professionals.
Negotiate
Developing a division that reflects your priorities, including tax and timing considerations.
Court When Necessary
Presenting your position to the court when agreement cannot be reached.
Hingham & the South Shore
Representation close to home.
Caldeira Law is based in Hingham and represents family law clients throughout the South Shore and Massachusetts, including individuals from Cohasset, Scituate, Norwell, Hanover, Weymouth, Quincy, Braintree, Milton, Hull, Marshfield, Duxbury, Pembroke, and surrounding communities.
Frequently asked questions
Common questions.
Is property split 50/50 in Massachusetts?
Not necessarily. Massachusetts follows equitable distribution, and courts consider statutory factors when deciding what division is fair in a particular case.
Is property I owned before the marriage protected?
Not automatically. Massachusetts courts can consider all property owned by either spouse. How premarital, gifted, or inherited property is treated depends on the facts of the case.
What happens to the house?
The home may be sold, kept by one spouse with a buyout, or addressed another way. The right approach depends on equity, finances, children, and other assets.
How are retirement accounts divided?
Retirement assets are often divided as part of the overall settlement. Some accounts require a specific court order, such as a qualified domestic relations order, to divide them properly.
What if my spouse owns a business?
A business may need to be valued, and its income may affect support. These cases often benefit from careful financial analysis.
This information is general and is not legal advice. Every situation is different.
Your next step
Start with a conversation.
Whether your marital estate is straightforward or complex, a conversation can help you understand the issues, your options, and what may come next.
Caldeira Law, P.C. · 99 Derby Street, Suite 200 · Hingham, MA 02043