Understanding Marital Property Division In Pennsylvania
If you are like many divorcing couples, your home is likely the largest investment you made during your marriage. Your house may also be the marital property with the most emotional ties. Your family home is subject to Pennsylvania’s equitable distribution laws. However, this distribution does not mean your house will have to be sold and you each take your half of the proceeds. Determining who gets the house is a complex matter with no simple answer. It could go to you or to your former spouse after divorce. It could be sold or put in a trust for your children.
Generally, distribution of marital property, including the family home, is subject to considerations such as:
- Prenuptial arrangements
- The length of your marriage
- Each party’s earning power
- Post-divorce child-rearing responsibilities
While the family court has a procedure for determining market value of your home, the next steps are up to you on how you wish to proceed. You can:
- Sell the house and split the proceeds
- Buy out your spouse’s interest
- Agree to have one of you continue to live in the home to raise your children
It is important to keep in mind that if you cannot come to an agreement on your own, you do not need to get entangled in courtroom litigation. You may be able to create a nontraditional agreement that serves your family’s needs long after your divorce is final.
Do You Want To Keep The House?
There are myriad nontraditional agreements a couple could agree to. At the Law Offices of Catherine Cardozo, LLC, I provide a window to your options, so you can decide how to shape your family’s future. I am an experienced family law attorney and a certified mediator. I can help you understand the full scope of your options for determining how to divide your marital property. I help divorcing couples develop cooperative solutions using negotiation, mediation and collaborative law. Working together using collaborative law methods can help to resolve your questions — and anxiety — in a timelier way than having a family court judge make decisions for you.
A Lawyer. A Trusted Adviser. A Friend.
Finding the right answer to your questions is a matter of coming to the table to discuss your needs in a safe environment. I provide a friendly, relaxed atmosphere to focus on resolving your legal disputes. Email me or call my firm, Law Offices of Catherine Cardozo, LLC, in Abington at 610-298-1081. Please ask about my flexible office hours by appointment.