Legal Question in Family Law in Pennsylvania

Proceeds of condo sale

I purchased a condo three years prior to my marriage and the mortgage and title remain in my name. Just a month after I got married and before we had any chance to change my name anywhere, I had serious health issues and am now disabled, receiving only a little over $1000 a month in SSD. My husband has only worked for five months total since I became ill, taking off some of that time to be my caregiver, and other time because he took disability for stress issues while I was hospitalized for 5 months. He is ineligible for unemployment. My parents are helping pay our bills. My husband has also charged thousands of dollars on my credit cards (in my name only), which my parents have paid in an effort to stop the collection calls and protect my credit rating. I will not be able to work again, but my husband certainly can.

We are separating and divorcing. If I sell my condo before the divorce is final, is my husband entitled to any of the proceeds? I will need the money to move to another state and purchase a home closer to my parents because I need assistance and transportation. If I purchase a new home, does he have any claim to it since we will not officially be divorced?


Asked on 5/27/09, 2:41 pm

1 Answer from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

Re: Proceeds of condo sale

Generally property you owned prior to the date of marriage in your own name is not marital property except to the extent it appreciates during the marriage. You should meet with an attorney to discuss this further. If you would like to schedule an appointment with my office feel free to contact my office.

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Answered on 5/27/09, 5:44 pm


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