QUESTION
My husband and I are separated(nothing legal). We are going to put our home up for sale, does everything get split 50/50 or is it worth me getting an
Asked on Aug 09th, 2011 on Family Law - Pennsylvania
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attorney for the sale? We have 2 minor children and 2 adult(ages 18 & 20). All are living with me. We now live with an older daughter and her husband at their home. The home was mine when we got married. My husband''s name did not get put on the deed for several years into the marriage. We have been married 27 years.
2 ANSWERS
The proceeds from your home can be split up any way the two of you agree. That said, you should consult with an attorney. Since you owned the home prior to marriage, it's possible that under the law of equitable distribution that you should get more from it in a divorce distribution. I'm guessing that you have other assets and/or marital debt as well. You should go over all of it with an attorney to make sure you are protecting your claims to those as well and to assess how the sale of the home will impact those other financial matters if and when you do decide to move forward with a divorce.
Answered on Sep 06th, 2011 at 12:43 PM
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1 Award
Pennsylvania is an equitable distribution state, which means that property is not necessarily distributed equally between divorcing spouses. The fact that this house was your premarital property suggests that a distribution of it might be more favorable to you than 50/50. In any event, you need to consult an attorney to discuss exactly how to unscramble the eggs of your marriage.
Answered on Aug 11th, 2011 at 3:30 PM