Legal Question in Family Law in Pennsylvania

Do you have an attorney? If not, I suggest strongly that you get one and that your wife get her own attorney. Are you and your spouse on somewhat amicable terms? Then you and your lawyers should work out a marital settlement agreement. You each need to disclose to the other (or the other party's counsel) all your debts and all your assets. Anything acquired before marriage or by gift or inheritance is separate property. Anything acquired after the date of marriage and before the date of separation is presumptively marital.

I do not know what your house and IRA/pension/401(k) is worth or whether it is marital or partly marital. If pensions or like benefits were occurred partly during the marriage and partly before marriage, they have to be multiplied by what is called a "coverture" fraction. What this means is that your wife would only be entitled to the portion of the benefits accruing during the marriage but not the rest. I also do not know your ages, health, how long you were married or if there are any minor children. All of this goes into the analysis as to what is fair in dividing marital assets and debts.

So before you start offering her assets, you had better know how much the house is worth and how much your 401(k) is worth. You also need to require your wife to refinance the house before you deed it over to her. If you do not do that and give the house away, it could trigger the due on sale clause provisions in your mortgage. More importantly, your wife can stop paying the mortgage and simply walk away, leaving you with no house and still liable for the mortgage.

And, even if the house would be a fair exchange for her share of the pension, it should be in writing in a marital settlement agreement. If you give her the house and do not get the deal in writing, nothing will stop her from bringing claims for equitable distribution at the time of the divorce.