Legal Question in Real Estate Law in Pennsylvania

Thank you for your question. If giving your wife the house is part of the Equitable Distribution part of your divorce, you should have an attorney prepare a �Property Settlement Agreement� so that your soon-to-be ex-wife does not later complain that she did not get enough of the marital property. Even if the house is in your name alone, part of its value may be categorized as marital property. For example, under Pennsylvania law, if property is purchased during the course of the marriage, it would constitute marital property, even if yours is the only name on the deed. Also, the amount which represents appreciation of the property during the marriage is �marital property�. Lastly, if marital funds were used to purchase the property, it would constitute �marital property�.

What I am getting at is this � Some portion of the value of the property would constitute �marital property� to which each spouse would be entitled. Therefore, some acknowledgement by your wife is necessary so that she does not come after you at a later date, alleging that she did not get her proportionate share of marital property in equitable distribution.

In order to transfer title to the property to your wife, the deed must recite your name and her name as the grantors and her name alone as grantee.

If you wish, you can call me for a consultation, 610-259-2724, or email me at [email protected].

Kindest regards,

ANDREA G. TILLIS