Legal Question in Family Law in Pennsylvania
Party A voluntarily left marital dwelling and established own dwelling. Party B remained in marital dwelling continuing to make mortgage payments. Party A continued to take marital assets at will over a period of months when Party B was not in dwelling and without Party B prior knowledge. Signed affidavits by witnesses obtained. 15 months later Party A filed divorce petition claiming no interest in martial dwelling or remaining contents. Sale of marital dwelling would have resulted in a breakeven at best. Marital dwelling is destroyed by fire 1 mth after petition filed. Party A entered dwelling without knowledge of Party B on the date of fire. No charges resulted. Dwelling rebuilt and check for contents issued by insurance co. Party A then files revised petition claiming interest in rebuilt dwelling and contents. Is Party A entitled to profits from sale of dwelling and to a claim of the replacement value of contents? Dwelling is still titled to both Party A and B. No contributions have been made by Party A to the mortgage or insurance since date of separation.
1 Answer from Attorneys
Party A could possibly be entitled to the proceeds from the sale and/or value of the replacement of items. Party B could ask that this be offset by the amount of mortgage contributions made iin the absence of A. Its hard to say how this would be divided though because the court takes a number of factors into consideration when dividing marital assets. If part B hasn't retained a lawyer, he should do so right away.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
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