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Family Residence Disposition at Divorce

ORDERS REGARDING DISPOSITION OF FAMILY RESIDENCE DURING DIVORCE

In Boston divorce cases the trial judge has wide discretion to award and divide property between spouses.  Many times the parties’ only or main asset is a family residence.  There are many options of how the court can deal with a family residence.

The facts and circumstances of each case will help the court determine how to make orders relating to the family home.  As a result, it is imperative that family law litigants have an experienced and resourceful attorney representing their interests.  Experienced family lawyers are able to provide the court with the law and arguments necessary to help persuade the judge to make orders that may be helpful to one side over the other.  This is important because of the court’s wide authority to make orders relating to the family home, including:

  • The court can order one spouse to convey their interest to the other spouse;
  • The court can order one spouse to convey their interest to the other spouse so long as the other spouse provides a payment representing the equitable share of the first spouse;
  • The court can order the home sold and the proceeds divided as the court sees fit considering the facts and circumstances;
  • The court can assign the home to one spouse and assign other property to the other spouse;
  • The court can assign the home to one spouse in lieu of spousal support; and
  • The court can order the home to one party with a deferred sale date (usually in cases where there are minor children).

Given the court’s desire for finality in property division, it is typical for the court to enter those final orders and not rely on some future events for the division to take place.  For additional information about property division and divorce call or email our office right away.

Our firm serves all courts in Bristol County and Suffolk County, including the New Bedford, Fall River, Boston and Taunton courthouses.  The cities in Bristol County that we serve include Dartmouth, Attleboro, and Mansfield.  We also serve all courts in Plymouth County, including the cities of Marshfield and Brockton.



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