QUESTION

If we get divorced, am I entitled to half of house?

Asked on Jul 22nd, 2016 on Divorce - Pennsylvania
More details to this question:
We paid our house in cash so it has been paid off for about 7 years. House is in wife’s name.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
If it was in wife's name before you got married, it is non-marital property, thus you only have an interest in an increase in value of the house from the date of marriage to the date of separation. If you have put a significant amount of your money into this house to improve it, your attorney can make that argument and try to recoup some of these financial contributions but it is a slippery slope as they may be considered contributions to the marital estate. If the house was bought during the marriage but put in her name for whatever reason, it is considered to be marital property and you are entitled to a fair percentage of it. People often think 50/50 and that is often the formula used when a husband and wife are on equal financial footing at the time of divorce. However, if the husband's income or earning potential is more than the wife's, the court may split 60/40, 70/30, etc. PA is an equitable distribution state when it comes to splitting up marital assets.
Answered on Aug 19th, 2016 at 7:18 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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