33 sections in this chapter.
Mass. Gen. Laws ch. 209, § 1 Married persons; separate property and property held as tenants by entirety; liability for debts
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Section 1. The real and personal property of any person shall, upon marriage, remain the separate property of such person, and a married person may receive, receipt for, hold, manage and dispose of property, real and personal, in the same manner as if such person were sole. A hus…
Mass. Gen. Laws ch. 209, § 13 Marriage settlements
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Section 13. The preceding sections shall not invalidate a marriage settlement or contract.
Mass. Gen. Laws ch. 209, § 14 Disability of husband or wife provisions; release of homestead by wife of ward
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Section 14. If the guardian or conservator of a married man is licensed to sell real estate of his ward, the wife of the ward may join with the guardian or conservator in the conveyance, and release homestead in the granted property, in like manner as she might have done by joini…
Mass. Gen. Laws ch. 209, § 15 Disability of husband or wife provisions; wife of ward; joinder with guardian or conservator; sale of realty
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Section 15. If such guardian or conservator is licensed to sell the interest of the ward in any real estate of his wife, the wife may join with the guardian or conservator in the conveyance, and convey all her estate and interest in the granted property in like manner as she migh…
Mass. Gen. Laws ch. 209, § 16 Disability of husband or wife provisions; disposition of proceeds
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Section 16. If the wife so releases her homestead, or so conveys her own estate, the proceeds of the sale may be so invested and disposed of as to secure to her, and to the minor children of the owner if it is an estate of homestead, the same rights in the principal and income th…
Mass. Gen. Laws ch. 209, § 17 Disability of husband or wife provisions; partition; joinder of husband or wife of ward with guardian or conservator
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Section 17. The wife of a man under guardianship or conservatorship may join with his guardian or conservator, and the guardian or conservator of a woman may join with her husband, in making partition of her real estate which is held in joint tenancy or in common, and they may ma…
Mass. Gen. Laws ch. 209, § 18 Mentally ill persons; conveyance or mortgage of real estate; release of homestead
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Section 18. The spouse of a person incapacitated by reason of mental illness desiring to convey said person's real estate absolutely or by mortgage may file a petition in the probate court describing such real estate and praying that homestead therein may be released and stating …
Mass. Gen. Laws ch. 209, § 1A Tenants by entirety under older deed; electing treatment of tenancy
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Section 1A. Tenants by the entirety holding under a deed dated prior to February eleventh, nineteen hundred and eighty may elect to have their tenancy treated as being subject to the provisions of chapter seven hundred and twenty-seven of the acts of nineteen hundred and seventy-…
Mass. Gen. Laws ch. 209, § 2 Married woman; power to contract
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Section 2. A married woman may make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole, and may make such contracts with her husband.
Mass. Gen. Laws ch. 209, § 21 Mentally ill spouse; reservation of portion of proceeds upon release of homestead
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Section 21. If the guardian of a married ward that is incapacitated by reason of mental illness, is authorized under section eighteen to release an estate of homestead and the probate court finds that a portion of the proceeds of the real estate sold, or of an amount loaned on a …
Mass. Gen. Laws ch. 209, § 24 Disability of husband or wife provisions; venue
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Section 24. Proceedings under sections eighteen and twenty-one, if the spouse of such a person who is incapacitated by reason of mental illness is an inhabitant of the commonwealth, shall be in the county where said spouse resides, otherwise in a county where any of said spouse's…
Mass. Gen. Laws ch. 209, § 25 Antenuptial settlements; force and effect
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Section 25. At any time before marriage, the parties may make a written contract providing that, after the marriage is solemnized, the whole or any designated part of the real or personal property or any right of action, of which either party may be seized or possessed at the tim…
Mass. Gen. Laws ch. 209, § 26 Antenuptial settlements; record; description of property
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Section 26. A schedule of the property intended to be affected, containing a sufficiently clear description thereof to enable a creditor of the husband or wife to distinguish it from other property, shall be annexed to such contract; and such contract and schedule shall, either b…
Mass. Gen. Laws ch. 209, § 28 Rights of married person coming from another state or country
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Section 28. If a married person comes from another state or country into the commonwealth, that married person shall have all the rights, powers and obligations given to married persons by this chapter.
Mass. Gen. Laws ch. 209, § 29 Property rights acquired in other states; effect of residence in this commonwealth
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Section 29. If a husband and his wife, married in another state or country, come into this commonwealth, either at the same or at different times, and reside here as husband and wife, she shall retain all property which she had acquired by the laws of any other state or country, …
Mass. Gen. Laws ch. 209, § 3 Transfers between husband and wife
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Section 3. Transfers of real and personal property between husband and wife shall be valid to the same extent as if they were sole.
Mass. Gen. Laws ch. 209, § 30 Married person abandoned by spouse; sale or conveyance; notice to opposing absent spouse; jurisdiction of court; proof of abandonment; retransfer to opposing absent party
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Section 30. After the filing of a libel for divorce, or for nullity of marriage or of a petition for separate support or maintenance, and during the pendency thereof, or upon the filing of a separate petition, a probate court may upon motion of a person whose spouse has abandoned…
Mass. Gen. Laws ch. 209, § 31 Non-resident married woman abandoned by husband; conveyance of realty
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Section 31. A married woman residing without this commonwealth, and owning in her own right real estate situated herein, whose husband abandoning and not sufficiently maintaining her has absented himself from the place where they last dwelt together, may petition the probate cour…
Mass. Gen. Laws ch. 209, § 32 Married person abandoned by spouse; order prohibiting restraint of personal liberty of spouse; support, custody and maintenance orders; information provided to complainant; domestic violence record search; investigations; factors determining support amount
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Section 32. If a spouse fails, without justifiable cause, to provide suitable support of the other spouse, or deserts the other spouse, or if a married person has justifiable cause for living apart from his spouse, whether or not the married person is actually living apart, the p…
Mass. Gen. Laws ch. 209, § 32D Judgment for separate support; conveyance of real property; enforcement; vesting of title
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Section 32D. Whenever in any proceeding under section thirty-two a judgment shall be entered directing that a deed, conveyance or release of certain real estate, or interest therein, be made, such judgment shall create an equitable right to its enforcement subject to the provisio…
Mass. Gen. Laws ch. 209, § 32E Judgment or order of support; enforcement
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Section 32E. Each judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.
Mass. Gen. Laws ch. 209, § 32F Married persons living apart; actions for support
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Section 32F. (a) If no order for support pursuant to an action filed under chapters two hundred and seven, two hundred and eight or section thirty-two of this chapter has been entered, the district court, the Boston municipal court or the probate and family court shall have concu…
Mass. Gen. Laws ch. 209, § 33 Separate support or maintenance; attachment of defendant's property and trustee process
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Section 33. In an action for separate support or maintenance, an attachment of the defendant's property may be made as upon an action for divorce; and sections seventeen, thirty-three, thirty-five, and thirty-eight of chapter two hundred and eight shall apply to proceedings upon …
Mass. Gen. Laws ch. 209, § 34 Married person abandoned by spouse; venue
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Section 34. An action under section thirty-two or thirty-six may be brought in the county where either of the parties lives, except that if the plaintiff has left the county where the parties have lived together and the defendant still lives therein, the action shall be brought i…
Mass. Gen. Laws ch. 209, § 36 Married person abandoned by spouse; spouse living apart; conveyance and will
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Section 36. A probate court may upon complaint of a person, or if said person is incapacitated by reason of mental illness, of said person's guardian or next friend, enter a judgment that said person has been deserted by said person's spouse or is living apart from such spouse fo…
Mass. Gen. Laws ch. 209, § 37 Support orders for children of separated parents; child support guidelines; modification of orders; provisions for education and health insurance; parents convicted of first degree murder
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Section 37. If the parents of minor children live apart from each other, not being divorced, the probate court for the county in which said minors or any of them are residents or inhabitants, upon complaint of either parent, or of a next friend in behalf of the children after not…
Mass. Gen. Laws ch. 209, § 38 Visitation and custody orders; consideration of abuse toward parent or child; best interest of child
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Section 38. In issuing any temporary or permanent custody order, the probate and family court shall consider evidence of past or present abuse toward a parent or child as a factor contrary to the best interest of the child. For the purposes of this section, ''abuse'' shall mean t…
Mass. Gen. Laws ch. 209, § 4 Married woman; work and labor; presumption
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Section 4. Work and labor performed by a married woman for a person other than her husband and children shall, unless there is an express agreement on her part to the contrary, be presumed to be performed on her separate account.
Mass. Gen. Laws ch. 209, § 5 Married woman; acting as fiduciary
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Section 5. A married woman may be an executrix, administratrix, guardian, conservator, trustee or receiver, and may bind herself and the estate which she represents without any act or assent of her husband.
Mass. Gen. Laws ch. 209, § 6 Married woman; power to sue and be sued
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Section 6. A married woman may sue and be sued in the same manner as if she were sole; but this section shall not authorize suits between husband and wife except in connection with contracts entered into pursuant to the authority contained in section two.
Mass. Gen. Laws ch. 209, § 7 Married woman; liabilities
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Section 7. A married woman shall not be liable for her husband's debts, nor shall her property be liable to be taken on an execution against him. But a married woman shall be liable jointly with her husband for debts due, to the amount of one hundred dollars in each case, for nec…
Mass. Gen. Laws ch. 209, § 8 Husband; liability for wife's debts
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Section 8. A husband shall not be liable upon a cause of action which originated against his wife prior to their marriage, or to pay a judgment recovered against her.
Mass. Gen. Laws ch. 209, § 9 Husband; liability on contracts concerning separate property of wife
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Section 9. Contracts made by a married woman relative to her separate property, trade, business, labor or services shall not bind her husband or render him or his property liable therefor; but she and her separate property shall be liable on such contracts in the same manner as i…