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In a Pennsylvania divorce, the court divides marital property on an equitable basis. However, this does not necessarily mean that the court will evenly split property between the two spouses. Rather, the judge presiding over the case will split up the property in a way that he or she deems fair.
Technically, 50/50 states are called community property states because each spouse is entitled to 50 percent of the marital assets acquired during the marriage in the event of a divorce.Pennsylvania is NOT a community property state. Instead, it is an equitable distribution state.
Marital property includes all property that was acquired during the marriage, regardless of how it is titled (in whose name it is). Gifts from one spouse to another are marital property if they were purchased with marital funds.
Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation.Therefore, if a spouse refuses to sign a separation agreement, the other spouse cannot force the unwilling spouse to do so.
Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.
Is Pennsylvania a Community Property State? No. Pennsylvania divides marital property under the theory of equitable distribution.
Marital property includes all property that was acquired during the marriage, regardless of how it is titled (in whose name it is). Gifts from one spouse to another are marital property if they were purchased with marital funds.
Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm. If you fail to obtain advice from a lawyer, the separation agreement will be unenforceable.
Pennsylvania's divorce law gives the court the right to allow one or both of the spouses to reside in the marital home, during the divorce or afterwards.