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Separate Property Can Be Assigned To The Other Spouse In Divorce


The court in divorce cases has the power to divide and assign the separate property of one spouse. Separate property is property acquired before marriage or by inheritance, gift, bequest or devise.

The court should endeavor to assign separate property to the owner spouse. However, the statute that authorizes the court to assign separate property belonging to one spouse to the other spouse is M.G.L.A. c. 208, § 34 and is appropriate in cases where the property assigned is in lieu of or in addition to spousal support.

Inheritance and gift property that is not received is only a mere expectancy and is not property subject to division.

For additional information concerning property division and assignment at divorce, call our office today. You can also send us an email.

Our firm serves Boston as well as all courts in Bristol County, including the New Bedford, Fall River and Taunton courthouses.  We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton.

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