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News & Insights

Fall 2023 Family Law newsletter: Bar on transfer of marital home unenforceable

The recently published Fall 2023 Family Law newsletter examines a recent court ruling that a separation agreement restriction on the transfer of a former marital home is unreasonable.

The Massachusetts Appeals Court determined that the restriction requiring the former spouses’ mutual consent to a sale of the home was unenforceable because it had no potential endpoint, and law and public policy disfavor agreements that tie up property in perpetuity.

The Fall 2023 newsletter, published by partner Gary Owen Todd, covers other important issues, including what happens to a personal injury settlement or judgment in a divorce, and how marriage and divorce impacts student loans.

Mr. Todd, a Founding Partner at the firm, is recognized locally and nationally as a preeminent family law attorney concentrating on domestic relations and probate litigation.  He has successfully negotiated, mediated, and tried numerous family law issues at the trial court and appellate levels.