Divorce and Real Estate in Massachusetts

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What happens to a couple’s real estate after a divorce is determined by their separation agreement.

Almost every divorce is settled through a “separation agreement” made by the parties. These agreements are typically prepared by the parties’ attorneys. However, Massachusetts Probate & Family Court will provide couples with a separation agreement template if they are handling the divorce without lawyers.

The separation agreement becomes binding after it is reviewed by the court and the presiding judge signs a judgment.

This judgment (referred to as a NISI judgment) has two dates: (1) the date the judge signs the document and (2) the date the judgment becomes absolute, i.e., final and enforceable.

If you are buying real estate that has been the subject matter of a divorce, it’s important that you review the terms of the separation agreement and make certain that they have been fully satisfied before taking title to the property.

It’s also essential to wait until the court’s judgment is “absolute” rather than taking title to the real estate immediately after the judge signs the document.

If you have questions about real estate law, please contact me at justin@jrmccarthy.com.

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