Lauricella v. Lauricella

In this divorce action, a judge of the Probate and Family Court ruled that the beneficial interest of Joseph Lauricella (husband) in real estate held in trust is not a marital asset divisible under G. L. c. 208, § 34 (1988 ed.). Dawn Lauricella (wife) appealed, and we transferred the case to this court on our own motion. We conclude that the husband’s interest is part of his marital estate and subject to equitable division under § 34. Accordingly, we reverse and remand for further proceedings.

The facts (taken from the judge’s memorandum and the materials before him) are as follows. In 1976,…