Berman & Asbel, LLP

Property Division Archives

Property Basics for Unmarried Couples

People are not getting married at the rate they used to. Rather, data collected by the Pew Research Center and other organizations indicates that cohabiting among adults is increasing. Numbers reportedly rose from about 14 million in 2007 to 18 million in 2016.

Think You Don't Have Assets to Divide in Divorce? Think Again

One of the most costly mistakes you can make in your divorce is to undervalue yourself and your marital assets. By not understanding what you have and what you deserve, you are putting yourself in a position to get less in the marital distribution.

Dealing with a mortgage during divorce

A common aspect of property division during a divorce is handling the mortgage on a family home. It is common for Pennsylvania residents to run into trouble with a mortgage if it is not handled correctly during the process. This can cause problems far down the road when one party is trying to buy a new home after the divorce.

Inheritance and divorce in Pennsylvania

Typically, inheritance money is considered to be separate property whether it was acquired before or during the marriage. However, inheritance may be considered martial property if it was comingled. For instance, if the money was put into a joint account or used to improve a marital residence, that money is now considered marital property. This is generally true whether the money was intended to be shared with a spouse.

Marital property division considerations in Pennsylvania

As many divorced couples in Pennsylvania might corroborate, one of the most contentious issues during a divorce is property division. In large part, that is because assets include not only present financial assets and real property but also retirement accounts, digital accounts and even some unexpected things like pets. It is important to consider each of these areas while dissolving a marriage so that your property rights are protected.

What is a separation and property settlement agreement?

Before a husband and wife divorce in Pennsylvania, they may choose to legally separate. When this occurs, the two parties may come to a written agreement called a separation and property settlement agreement. This agreement spells out who gets custody of the child, when visitation may occur and whether or not spousal or child support payments will be made.

Division of property considerations in Pennsylvania

Pennsylvania couples who choose to end their marriage often are able to resolve issues involving such matters as property division and spousal support on their own. However, when they are unable to agree, the court will make these determinations. Pennsylvania statutes set forth a variety of factors that the court will consider when making a property division order. As is the case in most other states, Pennsylvania follows the principles of equitable distribution, and thus the resulting division is not necessarily equal.

How is property divided during a divorce in Pennsylvania?

A couple going through a divorce will need to deal with the division of marital assets and debts. After the filing of the divorce complaint, either spouse may request that the court divide debts and assets held by the couple. This will be handled under the principle of equitable distribution that governs property division in Pennsylvania.

Divorce could lead to property division lessons for next marriage

If a Pennsylvania resident has been through a divorce, they may understand that the process of dividing marital property can at times be difficult. Therefore, if they are considering getting remarried, they may wish to take precautionary measures that could help such proceedings move more smoothly in the event of another divorce. Creating certain legal documents could better ensure that property division does not become overly drawn out.

Property division may intimidate some Pennsylvania residents

Going through divorce can be difficult for many Pennsylvania residents. Parties must deal with the emotional and legal aspects of the process, and some of those processes may seem a bit intimidating. However, there is information available that can help individuals better understand what aspects they should pay attention to during property division and other proceedings.

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