DIVORCE – Making Ours Mine – Division of Assets in Pennsylvania

One of the issues that comes up in all most every divorce and in many separations is how to divide property that parties acquired during their relationship.  Unfortunately, if this relationship was not a marriage, it can be very difficult to figure out how to distribute jointly titled vehicles, homes, and other assets and it may involve numerous separate actions to address these items.  If the parties who are uncoupling were married, the Divorce Code sets forth well-established rules and guidelines for how to divide those assets that they acquired during the marriage through a process that we call “equitable…

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Making “Mine” “Ours” – Transmutation of Property

MAKING MINE OURS – The Transmutation of  Property In my recent post regarding marital property, I made a reference to the concept of transmutation. As I mentioned in that post, this is a rather unusual, made-up lawyer word for what happens when somebody changes a piece of separate property into marital property. Under the Divorce Code there are certain items of property that are excluded from the marital estate and which are not to be equitably divided by the parties (or the court). These excluded properties basically boil down to the following: Gifts received during the marriage; Inheritances received during…

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YOURS, MINE, OURS, MOSTLY OURS: A MARITAL PROPERTY PRIMER

When two parties are divorcing, one of the first questions they have is who gets what marital property. The rules that define assets as marital property subject to division can be a little bit tricky. Many people are more than a little surprised to find out that the court views marriage as a partnership and, regardless of who earns the money, purchases the assets, or has things in their name, it is generally believed that each of the parties have an interest in whatever assets are acquired during the marriage. Pennsylvania is what we call “title blind”—it doesn’t matter if…

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