If your spouse recently filed for divorce and your name is not on the deed, you might worry you will be left with nothing. However, Pennsylvania law looks beyond the name on a title. Property bought during a marriage is generally presumed to be marital property, even if only one spouse is listed as the owner.
If your spouse owned the home before the marriage or received it as a gift, it may be separate property. In those cases, only the increase in the home’s value during the marriage is typically subject to division.
Understanding equitable distribution in Pennsylvania
Pennsylvania follows a legal principle called equitable distribution. This does not always mean a 50/50 split. Instead, the court aims to divide marital assets and debts fairly based on the specific facts of your life. Under Pennsylvania law, judges must weigh 11 statutory factors to achieve economic justice. These factors include:
- The length of the marriage and any prior marriages
- The age, health and income of each spouse
- The standard of living the family enjoyed while living together
- Which parent will serve as the primary custodian for the kids
- The contributions one spouse made as a homemaker to support the household
Scranton has many families where one parent stays home to care for children. These nonmonetary contributions carry significant weight in the eyes of the court. A spouse who managed the household or raised three kids often contributed just as much to the marital estate as the spouse who paid the mortgage.
Protecting your financial future
If you were blindsided by a divorce filing, you must understand your rights regarding marital property division. You may be entitled to a fair portion of the equity in the home. In some cases, a judge might even award you the right to live in the house for a period of time to maintain stability for your school-aged children.
Every family situation in is unique, and the way you present your contributions to the marriage can significantly change your financial outlook. Speaking with a qualified attorney can help you understand the local court process and ensure your rights are protected during the distribution of marital assets.
