Putnam v. Putnam

This is the second appeal by the defendant (the wife) from a Probate Court judgment which provides that the marital home held by her and the plaintiff (the husband) as tenants by the entirety be sold and the net proceeds divided one-third to the wife and two-thirds to the husband. We reverse the judgment.

It was decided in Bianco v. Bianco, 371 Mass. 420, 422 (1976), that G. L. c. 208, § 34, as appearing in St. 1974, c. 565, empowers a Probate Court to make an equitable division of property upon a divorce. This court in Putnam v. Putnam, 5 Mass. App. Ct. 10,16-17 (1977) (hereinafter Putnam I),…