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Divorce and Inheritance

Posted by attorney Howard Lewis

In Massachusetts, property that is inherited by one spouse, before or during the marriage, is legally considered marital property and may be subject to “equitable division" in a divorce. This often comes as a surprise to the divorce litigants, because in many other states inherited property is not subject to division. Most commonly at dispute is the spouse whose inheritance is at stake usually feels entitled to keep the entire amount, while the other spouse thinks a 50/50 split is the fairest solution

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