Does a Divorce affect my Homestead protection?
Similar pages:
- Blog of law articles: What is the Stevenson-Kelsey Spousal Support Calculator?
- Blog of law articles: Can I start dating during my divorce?
- Blog of law articles: Equitable Division: This isn't Judge Solomon's Court
- Blog of law articles: Alimony Reform Act approved Unanimously by the House
- Blog of law articles: How much will my Divorce cost?
- Blog of law articles: Waiting in line for the new iPhone? There's no wait (and no cost) to download our Apps!
Effect of Homestead on Child Support or Alimony: M.G.L. c. 188 Section 3(b)(4) - The Homestead Exemption does NOT protect you from collection of child support or spousal support (a/k/a alimony).
Effect of Marriage on Homestead for Spouse: M.G.L. c. 188 Section 5(d) - "The estate of homestead of an individual who records a declaration of homestead under section 3 and who subsequently marries shall automatically be deemed to benefit that individual’s spouse."
Effect of Divorce Orders on Homestead for Spouse and Children: M.G.L. c. 188 Section 6 - "In a case where a complaint for divorce, separate support, guardianship or conservatorship has been filed in the probate court by or against a person entitled to the benefit of an estate of homestead, the spouse and minor children of that person may use, occupy and enjoy the homestead estate until ordered otherwise by the probate court. The recording of an order of the probate court, together with the description of the homestead estate, shall prevent a beneficiary of the homestead estate from disposing of the estate until such time as the probate court revokes the judgment."
M.G.L. c. 188 Section 7 - "The estate of homestead existing at the death or divorce of a person holding a homestead under section 3 or 4 shall continue for the benefit of the surviving spouse or the former spouse and minor children who occupy or intend to occupy the home as their principal residence. The estate of homestead of the surviving spouse or former spouse and minor children shall continue notwithstanding the remarriage of the surviving or former spouse."
Thank you to Danielle Van Ess, Esq. for providing all of this information (and practically writing this blog for us). We recommend you check out her blog post regarding how the new Homestead Law affects Estate Planning: Why You Should Care About the New MA Homestead Law.
More related web entries for - Does a Divorce affect my Homestead protection?:
- undefined
- Waiting in line for the new iPhone? There's no wait (and no cost) to download our Apps!
- What happens to payments owed to an ex-spouse in Bankruptcy?
- Update on the Alimony Reform Act of 2011: The Winds of Change
- Latest iPhone App now available in the App Store: Alimony Calculator
- Alimony Reform Update: Committee Hearing on Wednesday 5/18
- How can I calculate Child Support AND Alimony?
- Q of the Week: What is the Stevenson-Kelsey Spousal Support Calculator?
- Alimony Reform: Stay Tuned!
- Are Gifts from my Family considered Income by the Family Court?
- I'm Separated, Why Should I get Divorced? - Reason #2: The Ticking Time Bomb
- Eat, Drink and Remarry
- Alimony Reform Recommendations
- Can Assets I Owned Prior to the Marriage be Divided in a Divorce?
- Divorce and Taxes: Issue #6. Same Sex Marriages
- Divorce & Taxes - Issue #2. Child Support v. Alimony
- Retirement Does Not Stop Alimony - The Pierce Decision
- Can I be sued for Divorce in Massachusetts if I don't live there but my spouse does?
- If my ex-spouse files for Bankruptcy, can they discharge support they owe?
- New Divorce law in New York includes Temporary Spousal Support Guidelines
- It's a Trap!: The Massachusetts Alimony Debate
- Divorce Spousal Support Calculator: An Alimony Formula Resource
- Alimony Reform in the News
- What is the difference between Merger and Survival?
- How can I Support or Fight the Alimony Reform Act of 2011?
- The Alimony Reform Act of 2011
- Alimony Reform Update: Bill to be Filed in Early January
- College: Is it the Right Choice?
This entry was posted on at 8:00 AM and is filed under alimony, child support, divorce, homestead, spousal support. You can follow any responses to this entry through the RSS 2.0. You can leave a response.
- No comments yet.
VIP Followers
Info recommended by:
Webpages of law
Popular entries
-
Several in-the-know readers have passed along an incendiary anonymous memo making the rounds among administrators and trustees regarding fin...
-
(BY HUGO) Environmental Defence Canada recently published a report, Down the Drain: Water Conservation in the Great Lakes Basin , that shows...
-
To paraphrase Mark Harris , it seems that Scott Rothstein continues to rule our world. Here's the latest: 1. Bill Scherer sues the fir...
-
(BY HUGO) The Ministry of Sustainable Development, Environment and Parks has published 2 new project regulations . One is to amend the Regul...
-
(BY HUGO) On 27 October 2010, Professor Jake Peters from the USGS Georgia Water Science Centre will give a conference on inter-state tension...
-
The AFL-CIO blog claims a new study shows the excise tax on "Cadillac" health plans would affect significantly more non-union w...
-
Acting NLRB General Counsel Lafe Solomon has issued a report on social media cases. Anyone who fails to consider the NLRA in general and the...
-
So who else is going to the Federation Judicial Reception tonight: This year’s Judicial Reception will recognize three outstanding legal pr...
-
When I first read this story about a potential conflict of interest involving the "extremely Floridian" GrayRobinson that is bei...
-
My students and readers of this blog know my support for Dana Corp 's approach to ensure that employees' right to select union r...