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The Massachusetts Homestead Act

The Massachusetts Homestead Act
On December 17, 2010, Govenor Deval patrick signed into law a bill that will allow Massachusetts homeowners to better protect their family home from debt collectors. This legislation will take effect on March 16, 2011, and will essentially modernize an antiquated verison of the Massachusetts Homestead Act. The Massachusetts Homestead Act is extremely important because…
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Marital Estate & Division Property

Marital Estate & Division Property
Where one party to a divorce has contributed disproportionately to the marital estate, especially following a short-term marriage, he or she may properly receive a disproportionate division of the marital estate to offset his or her superior contribution to the marital assets. The purpose of a property division incident to divorce is an equitable, not…
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Vaughan Affidavit

Vaughan Affidavit
In Massachusetts, when a judge determines an equitable division of marital assets the judge is required to analyze a number of statutory factors, one of which is the opportunity of each party for the future acquisition of capital assets and income. Thereby, the opportunity of each party for future inheritance becomes relevant to this analysis.…
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Post-Nuptial Agreements

Post-Nuptial Agreements
Contracts executed by and between spouses to provide for their mutual rights and obligations in the event of divorce, called "post-nuptial" or "marital" agreements are enforceable in Massachusetts. 1 As distinguished from other contracts related to a marital relationship, parties to post-nuptial agreements are uniquely vulnerable. Pre-nuptial agreements occur prior to the marriage. Because parties…
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