Legal Question in Family Law in Pennsylvania

Equitable Distribution of Property (House) without Legal Representation

When I first took my husband to court for spousal support, he'd been paying the mortgage on the home we built 6 years ago, in lieu of cash support. I am currently disabled, and unable to work yet. When I hired an attorney (who has since withdrawn from my case), she advised me to move from my home, & relinquish rights to the house, so that he would need to buy me out. I moved eight months ago, and as yet, we have had no settlement agreement. I believed that my husband felt as I did - wishing to attempt to reconcile after a 16 year marriage & a 3 1/2 yr separation. Because I've discovered that he's continued his affair, and since this trauma has made my illness worse, I believe divorce is the best choice for my health. As he is now saying he plans to sell the house, is it possible for me to reliquish my rights to it before the divorce so I may have an income to live on until I can work again? (There will not be much profit once the house is sold.) He has lost his job and in 2 weeks a judge will grant his request to reduce my support to about $300-500/month. Also, is there any way to speed-up divorce proceedings before anymore hearings for distribution of property?


Asked on 2/13/00, 11:15 pm

1 Answer from Attorneys
D Patrick Zimmerman Law Offices of D Patrick Zimmerman

Re: Equitable Distribution of Property (House) without Legal Representation

There is not room enough to answer all your questions on a one to one basis. You really need to see another lawyer. Since the upgrade in support guidelines a spouse living in the marital dwelling can be given special treatment i.e. more support. As far as getting the divorce moving, special relief can be given by the court to get the house sold if it is a burden. Also, if your husband is trying to stall the divorce for two years to force you to lose the house the court has equitable powers to rectify that. It sounds like you need a lawyer to get down and dirty with him real soon. If you don't know of one, try the local bar association, for someone aggressive.

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Answered on 2/19/00, 5:36 pm


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