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Category Archives: Property Division

Are Lawsuit Proceeds Considered Marital Property in a Pennsylvania Divorce?

  Property division can be one of the most contentious aspects in a divorce, with controversy often centering on the identity of assets as marital or separate in ownership. One type of asset that can be disputed is an award or settlement received by either spouse in a personal injury lawsuit. Whether or not lawsuit… Read More »

Does an Inheritance Received During Marriage Get Divided During Divorce?

How much you get to keep following a divorce depends on how the marital assets and debts are divided and what is property is considered separate. If you received an inheritance during the marriage, it’s often considered separate property, but under some circumstances your ex may assert the right to a portion of it, under… Read More »

Is an Inheritance Considered Marital Property in Pennsylvania?

If you’ve received an inheritance, it may seem natural to want to share it with those you love. However, if you live in Pennsylvania and are considering divorce, there are certain steps you should take to ensure your inheritance isn’t considered part of the marital estate. Pennsylvania law makes a clear distinction between nonmarital and… Read More »

Is Pennsylvania a 50/50 Property Division State?

If you are preparing for a divorce in Pennsylvania, you may have questions about how your property will be divided and what you will get to keep. In Pennsylvania, courts use “equitable distribution” rules to fairly divide marital assets and debts. It’s important to note that “equitable” and “fair” do not necessarily mean a 50/50… Read More »

Are Retirement Benefits Considered Marital Assets in Pennsylvania?

In Pennsylvania, retirement benefits are considered marital property — at least to a certain extent. Only benefits acquired during a marriage can be divided in a divorce. Any benefits acquired before marriage or after separation, along with retirement benefits acquired in an inheritance, are considered separate property and are not subject to the asset distribution… Read More »

What Is Marital Property?

One of the most important issues to settle during divorce is the division of property. Pennsylvania is an equitable distribution state, which means the court divides marital property in a manner it considers fair, though not necessarily equally. But what does the law mean by “marital property”? In any divorce, there are two kinds of… Read More »

Who Gets the House if We Get Divorced?

For most couples, the family home is their most significant investment and most valuable asset. So, when a couple divorces, the house becomes a great bone of contention. But the answer to the question “Who gets the house?” depends on the meaning of the word gets, since it implies two separate rights: ownership and possession…. Read More »

Who Decides How Property Is Divided in a Pennsylvania Divorce?

When divorcing spouses cannot agree on how to divide their marital property themselves, the court will take on that role. Pennsylvania law gives courts the power to divide marital assets and debts in divorce proceedings through a process called equitable distribution. If spouses are unable to come to their own property agreement in a divorce,… Read More »