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Divorce can be a complex process, especially when it comes to dividing property and determining the assets each spouse retains. Massachusetts, like many states, requires that the division of property be as equitable as possible. But what does that mean for each spouse? How are real estate transactions handled in a divorce? Who decides if a property is to be put up for sale? Below is a brief guide to the topic.

Common Real Estate Scenarios in a Divorce

real estate transactionsMassachusetts law demands that property acquired jointly during marriage be split equally. Divorcing couples usually choose one of three arrangements when determining the fate of real estate. The option selected will vary depending on each person's particular goals and if they have minor children. The scenarios most partners choose from are:

  • One spouse decides to keep the home and buys out the other person's share of ownership
  • One spouse agrees to stay in the home with the minor children until they turn 18, then the house is sold, and the profits are split
  • Both spouses agree to sell the home immediately and split the profits

How an Attorney Can Help

The matter of real estate transactions in a divorce can be a hot-button issue and a subject of much dispute. Spouses must work together, through their respective attorneys if necessary, to reach a mutually agreeable resolution. A professional who practices real estate law will have an in-depth understanding of how best to manage a property sale in these situations. They will handle all the paperwork, find an agent, and ensure the terms of the sale meet the needs of their clients. Essentially, they streamline the process to minimize stress and disruption.

 

Attorney Christine Bernardini of Bernardini Law P.C. will effectively guide you through a real estate transaction during divorce. Since 2011, she has been providing quality counsel and representation to clients throughout Essex County, MA, through every step of these stressful processes. Call (978) 794-5525 to schedule a consultation today. Visit her website to learn more about her background and expertise in this practice area.

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