Legal Question in Family Law in Pennsylvania
My Wife and I are curently seperated. She intends to file for divorce in the near future.What Legal rights do I have as far as Property and any debts? I'm currently on Disability with a very limited income and was wondering if she has any right to tell me to leave the house? She also has offered to close out her 401K and give me Half or maybe all of the funds.Should I accept this as though she were buying me out to keep the house for herself?
1 Answer from Attorneys
Each spouse has a right to what is known as marital property. That is defined as property acquired from the date of marriage to the date of separation and includes any increase in value of non marital property. So, you have a share in her 401K just as she does in any asset that you have.
Assuming your name is on the house, you have every right to live there. Also, it will be part of the marital estate that needs to be divided. However, whoever lives in the house has to make any payments for it such as a mortgage. If you cannot afford that, then she may want to live there and make the payments. She would then have to pay you your share.
I trust this has been helpful, but more questions need to be answered before you can be properly advised. Feel free to call or e-mail me on a free initial basis.
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