Posted on October 26, 2026

Divorce can become significantly more complicated when one spouse suspects that assets have been concealed, property has been transferred to a family member, or business interests have not been fully disclosed. These situations can create difficult questions about ownership, financial transparency, and the legal remedies available to protect a spouse's interests.

In some cases, the issues can be addressed through the divorce proceedings themselves. In others, a party may need to explore additional equitable remedies, potentially including a Complaint in Equity, depending on the facts, the parties involved, and the court's jurisdiction.

A Complaint in Equity is generally a civil action seeking equitable relief from a court. Depending on the circumstances, that relief may involve requests concerning property, ownership interests, financial transactions, or other disputes for which equitable remedies may be available. However, it is not a universal solution for every dispute involving hidden assets or unfair financial conduct.

For individuals navigating a complex or high-conflict divorce, understanding the distinction between a standard divorce claim and a potential equitable action can be important.

At Salerno & Demoga, we assist clients with complex family law matters, including high-net-worth divorce disputes involving business interests, disputed property, and complicated financial circumstances. This guide explains what a Complaint in Equity may involve in Massachusetts, when it may be worth considering, and what to evaluate before taking legal action.

What Is a Complaint in Equity?

A Complaint in Equity is a legal pleading that asks a court to grant equitable relief. Unlike a claim focused exclusively on obtaining money damages, an equitable claim may seek a remedy addressing the ownership, control, preservation, or disposition of property or other interests.

The appropriate relief depends on the legal basis of the claim and the circumstances of the dispute.

In a Massachusetts family law context, an equitable action may become relevant when a property dispute cannot be adequately resolved through the ordinary remedies available in the underlying case. Examples may include allegations involving concealed ownership interests, disputed transfers of property, or assets held by someone other than a spouse.

However, the fact that a dispute involves fairness or hidden assets does not automatically mean a separate Complaint in Equity is appropriate. A court must have jurisdiction over the claims and parties, and the requested remedy must be legally available.

How does equity relate to Massachusetts divorce law?

Massachusetts General Laws Chapter 208, Section 34, authorizes a court in a divorce proceeding to assign all or part of one spouse's estate to the other, subject to the statute and the court's jurisdiction. The statute identifies factors relevant to property division, including the length of the marriage, the parties' financial circumstances, their contributions to acquiring or preserving assets, and their future needs.

You can review the statute through the Massachusetts General Laws, Chapter 208, Section 34.

This authority is important because some disputes involving undisclosed assets may be addressed within the divorce case. Other circumstances may raise separate legal questions that require a more specialized analysis.

An attorney should evaluate the available procedures before determining whether to pursue an equitable action, a motion within the existing case, or another legal remedy.

When Might You Consider a Complaint in Equity?

A Complaint in Equity may be worth discussing with a Massachusetts attorney when a dispute involves property rights or financial arrangements that cannot be adequately addressed through a straightforward request for divorce-related relief.

The following scenarios illustrate situations that may require closer legal analysis. They are examples, not automatic grounds for filing a separate action.

1. Undisclosed assets discovered during or after divorce

Imagine that one spouse discovers evidence suggesting the other spouse did not disclose an investment account, real estate interest, or substantial financial asset during divorce proceedings.

The first question is whether the issue can be addressed through the existing divorce case or an available post-judgment procedure. Depending on the facts, possible approaches may include additional financial discovery, a motion seeking appropriate relief from a judgment, or other proceedings authorized by law.

A Complaint in Equity might be considered if there is an independent equitable claim and the necessary jurisdictional requirements are satisfied. It should not be assumed to be the correct route simply because an asset was allegedly concealed.

The timing of discovery matters. Whether a judgment is final, what representations were made, whether the asset was previously addressed, and which procedural deadlines apply can all affect the available options.

What should you document?

• Financial statements and disclosures exchanged during the divorce

• Tax returns, bank statements, and investment records

• Documents identifying property or ownership interests

• Communications concerning the asset

• Evidence indicating when the asset was acquired or transferred

• Information showing when and how the alleged concealment was discovered

These records may help an attorney evaluate the nature of the claim and determine which procedure is appropriate.

2. Assets transferred to a parent or another family member

In some high-conflict divorce cases, one spouse may suspect that property was transferred to a parent, sibling, or other relative to place it beyond the reach of a divorce proceeding.

For example, a spouse may discover that real estate was transferred to a parent during the marriage, or that funds were moved into an account controlled by a relative. The transaction may have a legitimate explanation, or it may raise questions about the true ownership of the property and the purpose of the transfer.

The legal analysis depends on evidence, not suspicion alone.

An attorney may need to examine the transfer documents, source of funds, timing, consideration paid, account records, and the roles of the individuals involved. If the evidence supports a legally recognized claim, potential remedies could include relief concerning ownership or recovery of property, depending on the applicable law.

A constructive trust is one possible equitable remedy in certain circumstances. It is a court-imposed remedy that may address property held under circumstances where recognizing the holder's unrestricted ownership would be legally inequitable. It is not automatically available whenever a family member possesses disputed property.

Third-party rights must also be considered. A parent or relative who holds legal title may need to be joined as a party if the requested relief affects their interests, subject to the applicable procedural rules.

3. Business interests held through another person or entity

Business ownership can make divorce litigation particularly challenging. A spouse may hold an interest in a company directly, through another entity, or under an arrangement that is not immediately apparent from ordinary financial disclosures.

For example, one spouse may claim to own only a small percentage of a business while evidence suggests they exercise greater control, receive additional financial benefits, or have an interest in related entities.

These circumstances require careful investigation. A spouse's involvement in a business does not, by itself, establish undisclosed ownership or wrongdoing.

Relevant records may include corporate filings, operating agreements, shareholder agreements, partnership documents, tax returns, financial statements, ownership ledgers, and records of transfers between related entities.

An attorney may also consider whether a business valuation, forensic accounting review, or formal discovery is needed. If the dispute involves the rights of a company or another owner, those interests must be analyzed separately from the spouses' marital claims.

A Complaint in Equity may be one potential avenue if a distinct equitable claim exists, but other proceedings may be more appropriate depending on the ownership structure, the relief sought, and the court's jurisdiction.

4. Disputes involving a trust or property held for another person

Trusts and other property arrangements can raise questions about legal ownership, beneficial interests, control, and access to assets.

For instance, a spouse may have an interest in a trust, or property may be held by a trustee or another individual. Whether that interest is relevant to a divorce and whether it can be valued or assigned depends on the nature of the interest and the surrounding facts.

Massachusetts divorce law recognizes that property interests must be evaluated according to the applicable law and the circumstances of the case. Not every expected inheritance, discretionary trust interest, or asset controlled by a third party is treated in the same way.

A careful review may be needed to determine whether the spouse has an enforceable property interest, whether a separate equitable claim exists, and whether the appropriate court can grant the requested relief.

Complaint in Equity vs. Remedies Within a Divorce Case

One of the most important decisions is determining whether the problem requires a separate action or can be addressed within the divorce proceedings.

A separate equitable action may introduce additional procedural issues, parties, costs, and deadlines. In some cases, it may not be available because an existing proceeding offers an adequate remedy or because another legal rule limits the claim.

The distinction depends on the facts and the legal objectives.

When ordinary divorce procedures may be appropriate

If a divorce is still pending and one spouse believes the other has failed to disclose assets, the attorney may first consider procedures available in that case.

Massachusetts Supplemental Probate and Family Court Rule 410 addresses mandatory financial disclosures in divorce and certain other domestic relations proceedings. Depending on the applicable requirements and any court orders, disclosures may include tax returns, bank and investment statements, business tax returns, and other financial documents.

The official rule is available at Supplemental Probate and Family Court Rule 410.

Depending on the stage of the case and the circumstances, possible steps may include:

• Requesting missing financial documents

• Seeking appropriate discovery from a spouse or, where legally permitted, a third party

• Asking the court to address noncompliance with disclosure obligations

• Obtaining a qualified business valuation or forensic accounting analysis

• Seeking appropriate relief if a judgment was obtained through alleged concealment or other legally significant misconduct

The right option depends on the procedural posture and the relief sought. A separate Complaint in Equity should not be the default response to every financial disclosure dispute.

When a separate equitable action may need to be evaluated

A separate action may warrant consideration when the dispute involves an independent property or equitable claim, particularly if a third party's ownership rights are involved.

For example, the claim may concern whether property is held under circumstances supporting a constructive trust or whether a transaction gives rise to another recognized equitable remedy.

The attorney must assess jurisdiction, the identity of the proper parties, whether another remedy is adequate, and whether the claim is barred or limited by prior proceedings, deadlines, or other legal doctrines.

Massachusetts case law illustrates why this analysis matters. In Liebson v. Liebson, the Supreme Judicial Court concluded that constructive-trust relief was unavailable in the circumstances before it because an adequate remedy existed in the pending divorce action. The decision demonstrates that the availability of an equitable remedy depends on the legal context, not merely on how a claim is labeled.

You can review the decision in Liebson v. Liebson.

What Evidence May Be Needed?

When a dispute involves hidden assets, third-party ownership, or a complex financial transaction, evidence is often central to evaluating the available legal options.

The documents needed will depend on the claim, but an attorney may ask you to gather the following.

Financial records

Bank statements, tax returns, brokerage statements, loan applications, financial disclosures, and records of transfers may help establish how funds moved and who controlled them.

Property and ownership documents

Deeds, title records, purchase agreements, trust documents, shareholder agreements, and corporate filings may help clarify legal ownership and identify changes in ownership over time.

Communications and transaction records

Emails, text messages, written agreements, invoices, and records of payments may provide context for a disputed transfer or business arrangement.

A clear timeline

A chronology can help connect the evidence. Record when the asset was acquired, when the relevant transaction occurred, what was disclosed during the divorce, and when the issue came to light.

Do not access another person's private accounts or obtain records unlawfully. Your attorney can advise on lawful methods for obtaining relevant information through disclosure, discovery, subpoenas, or other authorized procedures.

What Should You Consider Before Filing?

Before initiating an equitable action, consider the following questions with an attorney.

Is there a recognized legal claim? A belief that a transaction was unfair is not enough by itself. The facts must support a claim recognized under Massachusetts law.

Can the issue be addressed in the divorce case? An existing proceeding may offer a more direct or appropriate remedy.

Who owns or controls the property? A third party may have independent legal rights that affect the claims, required parties, and available relief.

Has a final judgment already been entered? The status of the divorce case may affect the available procedures and deadlines.

What evidence supports the claim? Documentary evidence may be necessary to distinguish an actionable dispute from an unsupported suspicion.

What result are you seeking? The requested relief should guide the choice of legal procedure. Recovering property, clarifying ownership, obtaining financial information, and challenging a prior judgment may require different approaches.

Why Legal Guidance Matters in Complex Divorce Cases

Financial disputes involving concealed assets, family members, trusts, or business entities can require more than a standard review of a divorce judgment. They may involve questions of jurisdiction, ownership, financial tracing, expert analysis, and the rights of people who are not parties to the divorce.

A Massachusetts family law attorney can assess the procedural history, identify potential claims, and help determine whether a separate Complaint in Equity is appropriate. Where necessary, legal counsel may coordinate with forensic accountants, business valuation professionals, or other qualified experts.

For high-net-worth individuals, the stakes can be substantial. An incomplete understanding of ownership, a poorly supported allegation, or a missed procedural deadline may complicate efforts to resolve a financial dispute.

The goal is to identify the correct legal pathway based on the facts and to pursue relief supported by the evidence and applicable law.

Frequently Asked Questions

1. What is a Complaint in Equity in Massachusetts?

A Complaint in Equity asks a court for equitable relief. Depending on the claim, the requested relief may address property ownership, disputed transfers, or other matters for which equitable remedies are legally available. The proper procedure depends on the facts and the court's jurisdiction.

2. Can I file a Complaint in Equity if my spouse hid assets during divorce?

Possibly, but it is not automatically the appropriate remedy. Depending on whether the divorce is pending or final, the issue may be addressed through financial discovery, a motion, a request for relief from judgment, or another legal proceeding. An attorney should assess the specific circumstances before recommending a filing.

3. What if my spouse transferred assets to a parent?

A transfer to a parent or other relative may warrant investigation if there is evidence suggesting the transaction concealed ownership or improperly affected property rights. The transfer alone does not prove wrongdoing. Relevant documents, the source of the funds, the timing, and the purpose of the transaction all matter.

4. Can a Complaint in Equity address a business interest held by a third party?

It may be possible to pursue an equitable claim in some circumstances, but the proper approach depends on the ownership structure, the nature of the alleged interest, and the relief sought. Business records and expert analysis may be needed to determine what rights exist and which parties must be involved.

5. Is a Complaint in Equity the same as a Complaint for Contempt?

No. A Complaint for Contempt generally seeks to enforce an existing court order or judgment when a party allegedly fails to comply. A Complaint in Equity seeks equitable relief based on a separate legal claim. The appropriate filing depends on the problem you are trying to resolve.

6. Can I file a Complaint in Equity after my divorce is final?

The possibility depends on the claim, the procedural history, applicable deadlines, and other legal limitations. A final divorce judgment can affect the remedies available, so an attorney should review the judgment and the newly discovered evidence before advising on next steps.

7. What is a constructive trust?

A constructive trust is a potential equitable remedy through which a court may address property held under circumstances that justify imposing such a remedy. It is not automatic and requires a legally sufficient basis. Whether it is available depends on the evidence, the parties' rights, and the applicable law.

8. Do I need a lawyer to file a Complaint in Equity?

You may be able to represent yourself in some civil matters, but equitable claims involving divorce, third-party property, trusts, or business interests can raise complicated procedural and legal issues. Consulting a qualified Massachusetts attorney can help you evaluate the proper court, parties, claims, and potential remedies.

Speak With Salerno & Demoga About Complex Divorce Matters

Discovering potentially undisclosed assets or questionable property transfers during or after divorce can be stressful, particularly when substantial financial interests or third-party ownership arrangements are involved.

The appropriate legal response depends on the evidence, the status of the divorce, and the remedies available under Massachusetts law. Before filing a separate action, it is important to understand whether a Complaint in Equity is appropriate or whether another procedure may better address the dispute.

Salerno & Demoga provides personalized legal representation in complex and high-conflict family law matters, including high-net-worth divorce and contentious financial disputes.

If you have concerns about undisclosed assets, business ownership, or property held by a third party, contact our team to discuss your circumstances and explore the legal options that may be available.

Call (617) 644-7088 to learn more about working with Salerno & Demoga. We serve clients in Boston, Wellesley, Dover, Wayland, Needham, Newton, and surrounding communities.

This article is for general informational purposes only and does not constitute legal advice. Legal remedies, jurisdiction, and procedural requirements depend on the specific facts of each case. Consult a qualified Massachusetts attorney about your situation.