QUESTION
Will I be entitled to any money made on the sale of our home?
Asked on Mar 15th, 2013 on Divorce - Pennsylvania
More details to this question:
My wife and I are divorcing.My wife put down $100,000 our house with money she got from a life insurance plan after her husband died. In the cases of Verholek vs. Verholek and Rohrer vs. Rohrer the judge ruled that the wives were entitled to all their money back due to the money being an inheritance of theirs. Both cases were in Pa. My case will be in Pa.
1 ANSWER
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Marital property is that acquired from date of marriage to separation. There are 2 exceptions to this, inheritance and gifts to one party, as opposed to the marriage. Those exceptions can in turn be limited if the spouse commingles his or her non marital assets with marital assets and may create a presumption that it was a gift to the marriage.
Your wife can claim both the exception of inheritance and that it was pre marital. Since the money is easily traceable, she can likely overcome any presumption that it was commingled.
Answered on Mar 16th, 2013 at 8:21 AM