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Do not forget to divide cemetery burial plots during your divorce

| Feb 11, 2021 | Firm News

Both to ease the burden on your family and to find the perfect final resting spot, you and your husband or wife may have decided to buy a cemetery burial plot or vault space. Because of the fees and other expenses that are often part of purchasing a burial plot, your plot may also be one of your more valuable assets.

Pennsylvania law entitles divorcing spouses to an equitable share of the marital estate. Now that your marriage is coming to an end, you should not forget to address the plot in your divorce settlement. Still, dividing ownership is may present some challenges.

Is your plot a marital asset?

Before dividing ownership of your burial plot, you must determine if it is even necessary to do so. If the plot is separate property, you likely do not need to worry.

Separate property usually includes everything you acquired before your marriage. Therefore, if you purchased the plot during your marriage, it is probably part of the marital estate.

Do you want to keep the plot?

You may have little interest in spending eternity next to your ex-spouse. If you have a double plot, you and your husband or wife must consider whether you want to keep it.

Buying out your spouse’s ownership interest may be possible. You may also be able to sell the plot back to the cemetery or even to a third party.

You and your spouse probably have wide flexibility to negotiate what happens to your burial plot. Ultimately, addressing the issue in your divorce settlement is the most effective way to minimize future conflict.