Determining how to handle property that exists outside of a state’s jurisdiction can be difficult for divorcing couples. It is not immediately clear whether the property should be divided based on which state the couple lives in or which state the property belongs to. While Pennsylvania does not have jurisdiction over properties in other states, courts do have ways to resolve the matter equitably.
How does Pennsylvania handle out-of-state properties?
Pennsylvania courts have no jurisdiction over properties in other states, but they do have jurisdiction over Pennsylvania residents. This lets them issue court orders that help spouses divide their properties fairly and justly. The court can also coerce divorcing couples who refuse to follow these orders by charging them with contempt of court.
There are many ways Pennsylvania courts help couples divide their out-of-state properties in an equitable manner. Keep in mind that equity and equality are different. Pennsylvania courts do not divide the property of divorced couples in a perfect 50/50 split. Instead, courts divide property with fairness and justness in mind.
For example, the court can order divorced couples to sell the property even if it is in another state. They can then split the proceeds between themselves. Properties can also be co-owned, and if one spouse wants the property, they can opt to buy out the other spouse.
What is the importance of dividing properties equitably?
In Pennsylvania, the court divides property with equity in mind. This helps ensure that the distribution of marital property is fair, potentially preventing spouses from struggling as they adapt to their new lives. With the help of the court, you can divide your properties in a way that allows both you and your spouse to start anew.
