Legal Question in Family Law in Pennsylvania

Spousal ownership

I built a business and bought a house by myself. Both are in my name only. What rights does my spouse have to these. Busn. is a Corp.


Asked on 10/21/07, 11:10 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Spousal ownership

You asked about spousal rights to property.

It depends. How long have you been married? Do you have children? What has the spouse done during the marriage? Did the spouse do things to support your enterprise? Did the spouse make your home or otherwise earn income while your business developed?

I'm reading into this as it looks as the marriage is about to end. If that is the case then you would need to demonstrate that the spouse isn't entitled to any portion of the assets (which is highly unlikely). Rather you need to demonstrate what increase in the value of the assets was attributable to the period of the marriage. E.g. If you bought the house after the marriage then spouse would be entitled to a pro rata portion of the equity. If the house was bought before the marriage then spouse would be entitled to the pro rata portion of the equity increase during the marriage.

For many purposes a marriage forms a union of two persons, metaphorically and legally. Just because the property is in your name does not mean that the spouse doesn't exercise dominion and control over it.

More significantly, if you decide to get a divorce you are likely to end up paying spousal support during the pendency of the divorce and also paying for legal fees of the spouse.

Hire an attorney and start planning immediately. If you are the spouse seeking to separate then you have an advantage. If your spouse is driving the decision then you are already behind the curve.

Regards,

Roger

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Answered on 10/21/07, 12:58 pm


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