Johnson v. Johnson

The husband, Philip Johnson, appeals from that portion of a judgment of divorce which divided marital assets. The husband claims that the judge erred by assigning marital property to dependent children under G. L. c. 208, § 34. He also argues that the judge erred in “clarifying the judgment.” We transferred the case to this court on our own motion. We agree with the husband that the judge could not assign the marital property to persons other than the husband or wife. Because reconsideration of the order concerning the marital home may affect the other portions of the judgment, we vacate the…