For many Pennsylvanians, the family house represents years of memories, financial investment and stability. But when you go through a divorce, it raises difficult questions about your home. Learning how the state approaches this situation can help you prepare for the future and determine what your next steps could be.
How does Pennsylvania divide property?
The state follows an equitable distribution model. This means the courts aim to divide your marital property fairly. This approach does not automatically mean a 50/50 split of assets between spouses.
Judges consider factors such as how long you were married, each spouse’s income, earning potential and contributions. The court also uses each spouse’s age, health, employability and financial needs when evaluating what a fair split is.
What is marital property and separate property?
Not everything you own is subject to property division in your divorce. Pennsylvania law distinguishes between:
- Marital property: This typically includes assets acquired during the marriage, regardless of whose name appears on the title.
- Separate property: This includes assets one spouse owned before the marriage. If you owned your home before getting married and kept it solely in your name, it may remain as your property.
Complications can emerge if the value of a separate home increases during the marriage. Under state law, this increase can count as marital property subject to division.
Furthermore, the asset can become commingled if marital funds (such as a joint paycheck) are used to pay the mortgage.
Who gets the house?
In the end, it all depends on how discovery and the court proceedings will unfold. You do have options.
One involves either spouse buying out the other’s interest in the property, allowing that spouse to remain in the home. Legal counsel can assist with this process by calculating a fair buyout amount and checking the transfer documents thoroughly.
Another option is to sell the house and divide the proceeds according to the divorce settlement. This approach provides both parties with liquid assets they can use to establish separate households.
Some couples choose to continue co-owning the property temporarily, particularly when children are involved. This arrangement, sometimes called nesting, allows children to remain in the family home while parents rotate in and out.
