Legal Question in Family Law in Pennsylvania

If I buy a home while married and she's not on the mortgage can she take half my property in a divorce and if yes how can I protect myself and my assests


Asked on 2/17/12, 12:58 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

Any property acquired during the marriage and prior to the date of separation is marital property regardless of who the property is deeded to, so to answer your question, yes, she would be entitled to a share of the home. In PA, we don't use a straight 50/50 split when dividing marital assets. Instead, the court looks at a number of different factors when deciding how to divide the marital estate.

The only way to protect this asset from being included in the marital estate would be to execute a post-nuptial agreement. This, however, would require her consent and signature.

Justin C. Gearty Jr., Esquire

Ph: 717-490-6325

Email: [email protected]

Website: www.GeartyLawOfficese.com

*This post is for educational purposes only and does not create an attorney-client relationship.

Read more
Answered on 2/18/12, 1:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania