What is Divisible Property In Massachusetts and Why You Want to use Divorce Mediation Service

Massachusetts is a common property state. In the context of marriage and divorce, common property refers to assets and debts acquired by either spouse during the marriage. In Massachusetts, these assets and debts are generally considered to be jointly owned by both spouses and subject to division in the event of a divorce. The division of marital property follows the principle of equitable distribution, where the court aims to divide property in a manner that is fair and just, taking into consideration various factors such as the length of the marriage, each spouse’s contributions, and their financial needs. It’s important to note that separate property, which includes assets acquired before the marriage or through inheritance or gifts, is typically not subject to division.

Divisible property in Massachusetts may include:

  1. Marital Home: The family home and any other real estate property acquired during the marriage. As mentioned, there are certain situations where a home acquired before the marriage can become part of the division process:

    Commingling of Assets: If the spouse who owned the home before the marriage used marital funds to pay the mortgage, make improvements, or maintain the property, it could be considered commingled with marital assets. In such cases, the court may consider the contributions made by both spouses and may decide to divide the home’s value or equity between them.

    Transmutation of Property: If the parties took specific legal steps to convert the separate property into marital property, such as adding the other spouse’s name to the title or through a written agreement, it may be subject to division.

  2. Financial Assets: This includes bank accounts, retirement accounts, stocks, bonds, and other investment assets acquired during the marriage.
  3. Personal Property: Furniture, vehicles, electronics, jewelry, artwork, and other personal belongings acquired during the marriage.
  4. Business Interests: Ownership interests in businesses or professional practices acquired during the marriage.
  5. Pensions and Benefits: Retirement benefits and pensions accrued during the marriage.
  6. Debts: Marital debts, such as mortgages, loans, and credit card debts, are also subject to division.


Ultimately, the court will consider various factors, including the length of the marriage, each spouse’s contributions, and their respective needs, when determining how to divide property in a Massachusetts divorce. It is not always easy to divide the property and divorce process can bring the worst in people. To relive this uneasy process great idea is to have a service of divorce attorney or divorce mediator. There a great guidance on divorce laws in Massachusetts on the official website.

Divorce mediation services can provide several benefits and advantages for couples going through a divorce. Here are some reasons why you might consider using divorce mediation:

  1. Less adversarial: Mediation promotes a cooperative and collaborative approach to divorce. It allows couples to work together with a neutral mediator to find mutually agreeable solutions, fostering a more amicable and respectful process compared to a traditional litigated divorce.
  2. Cost-effective: Mediation is often more cost-effective than going through the court system. It typically involves fewer attorney fees and court costs, as the focus is on reaching agreements rather than engaging in lengthy legal battles.
  3. Control and autonomy: Mediation empowers couples to have more control over the outcome of their divorce. Instead of leaving decisions in the hands of a judge, mediation allows couples to actively participate in crafting agreements that meet their unique needs and circumstances.
  4. Confidentiality: Mediation offers a confidential environment where sensitive matters can be discussed openly and privately. This can create a safe space for effective communication and problem-solving without the fear of public exposure.
  5. Preservation of relationships: If there are children involved, mediation can help parents maintain a cooperative and respectful relationship as they navigate parenting plans and co-parenting arrangements. It focuses on finding solutions that prioritize the best interests of the children and foster ongoing communication between parents.
  6. Efficiency and timeliness: Mediation can often be a faster process than traditional litigation. It eliminates the need to wait for court dates and can expedite the resolution of issues, allowing couples to move forward with their lives sooner.
  7. Flexibility and customized solutions: Mediation allows for creative and customized solutions that may not be available through the court system. The mediator assists in exploring various options and helps couples find solutions that are tailored to their unique circumstances and priorities.

In conclusion, utilizing divorce mediation services can significantly ease the process of dividing property during a divorce, particularly when considering all of the assets existing. By opting for uncontested divorce, couples can benefit from a less adversarial approach that promotes cooperation and respect. Professionals sometimes can turn contested divorce into uncontested by helping with mediation. Even if you going for uncontested divorce, it is still a good idea to have mediation, as many things can go wrong. This alternative offers a cost-effective solution, allowing couples to have greater control over the outcome and make decisions that best suit their unique circumstances. The confidential and supportive environment of mediation encourages open communication, preserving relationships and fostering effective co-parenting arrangements. Additionally, mediation often proves to be a more efficient and timely process, offering flexibility and customized solutions that may not be available through traditional litigation. Considering these advantages, divorce mediation services can be a valuable resource for couples seeking a smoother, more amicable path to resolving property division and moving forward with their lives.