Legal Question in Real Estate Law in Pennsylvania

In pa.if a spouse inherits realestate and money is the other spouse entitled to half of it?


Asked on 6/13/12, 6:28 am

1 Answer from Attorneys

It depends. If kept separate and not commingled, then no, excpet for aqny passive increase in value.

See below:

23 Pa.C.S.A. � 3501 Definitions

(a) General rule.--As used in this chapter, �marital property� means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1). However, marital property does not include:

* * *

(3) Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

If its commingled (like by refinancing it and putting your spouse's name on the deed or in the case of money by depositing the funds into a joint checking account that is marital) then yes. Also, if your spouse somehow makes substantial contributions changing the character of the property (for example, you inherit a rundown house and through your and your spouse's efforts, turn it into a dream house, your spouse might be entitled to reimbursement for his/her contribution).

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Answered on 6/14/12, 9:36 pm


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