We’ve been separated for 4 years, when we divorce, wilI I be entitled to portion of the home?

Additional Information:

My husband owned a home in his own name before we were married.  We are now divorcing.  Am I entitled to a portion of the home’s worth?  We’ve been married for a little over 10 years but have lived apart for 4 years. I was the one who left. He also made a substantial withdrawal from our joint checking account when we separated. He took that money & opened a checking in his own name. Am I entitled to recover half of that amount? I’m not asking for any things we purchased during the course of our marriage, just basically the things that I brought into the relationship.


You may want to consider divorce mediation as a way to work out these issues with your husband in a neutral setting. Questions of who gets what can be addressed by looking at both sides of the situation. Property that was owned prior to a marriage could be considered a marital asset subject to division depending on some different factors – was this the house you lived in? was it a rental and the income was used to support your family lifestyle? what other assets are there? These answers to these questions along with some legal information would go a long way in helping the two of you craft a fair and equitable divorce agreement. 

Boston Metro West Divorce Mediator and Attorney, Tracy Fischer provides divorce mediation services and helps divorcing couples figure out important financial matters and division of property. She works with families and individuals in the Boston Metro West area including the communities of : Dedham, Dover, Newton, Needham, Sherborn, Watertown, Wellesley, Weston.