Legal Question in Family Law in Pennsylvania

Divorce and the Marital Residence

I currently live in the home that I inherited from my grandfather. I had a small mortgage on this property to pay the other three heirs. After I married my second husband he requested that I put the house in both names. I did so but with protest. Now we are separated and filing for divorce. There is a approximately $80,000 equity in the property which he wants 50% of. He contributed towards the mortgage payments but brought no savings or investments to the marriage. I also paid his truck loan off and a Credit card off about 5 monhts before we were married ($13,000) to help with monthly bills. Can I request the courts award the greater portion of equity to me since this is a family home that I inherited and he did not help to acquire or contribute towards prior to the marriage. Will the courts consider this to be a fair and equitable request? What would be an expected % distribution?


Asked on 8/23/07, 11:22 am

2 Answers from Attorneys
Glenn Brown Real World Law, P.C.

Re: Divorce and the Marital Residence

PA has equitable distribution not 50/50.

This property was not subject to distribution until you put it in joint names.

Please find an attorney to assist you with this negotiation and/or court decision.

Good luck to you.

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Answered on 8/23/07, 11:39 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Divorce and the Marital Residence

You asked about division of marital assets.

You have bollixed this up pretty good but it can be fixed. Just because you put the property in both names does not mean that he is automatically entitled to equitable distribution. Since the house itself was an inheritance he probably cannot get an claim to half the equity but rather only to the increase in equity to the point of what the value of what he actually contributed. It will be a pretty complex calculation but figure roughly about 2-3% of the equitable increase per year of marriage during the life of the marriage.

You can also claim exemption from property that each brought into the marriage, especially on short marriages. As to the debts paid before the marriage, you will need to demonstrate that those were not gifts but rather issues dealt with in preparation of marriage.

Find the meanest and orneriest attorney you can and take this sad sac to the cleaners. It may cost a pretty penny but better it goes to the lawyer than him.

Regards,

Roger

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Answered on 8/23/07, 1:33 pm


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