Divorce is a complex process where two individuals separate their mutual lives. It seems like common sense, but it can be confusing determining what can and cannot be split during a divorce. Who gets your mother’s antique table? Who has the right to stay in the house? Having a thorough understanding of this process will aid in your full divorce experience.
Pennsylvania is an equitable distribution state, meaning the marital estate is divided in a way that is deemed fair by the parties or the court. This may be done through agreement, a property settlement or judicial decree. This process is used in most courts when couples are going through a divorce.
When it comes to who stays in the house, it is usually a “buy out” situation. If one spouse can afford to buy out the other, they would be able to stay in the home. The remaining spouse would have to refinance the mortgage to remove the other spouse’s name. If one spouse already has sole ownership of the house, they have the right to ask the other to leave. Children can impact this decision, but usually they are not a controlling factor. The only time one spouse can force the other to leave in these situations is if there is a case of domestic violence. If a judge grants a restraining order, then the charged spouse is required to leave the house.
The separation of assets does not have to be an overly complicated process. By understanding these basics, you have the tools to tackle this portion of the divorce and with the help of an experienced attorney, separating assets will be less stressful for you and your spouse.
The attorneys at Sadek and Cooper Law Offices have handled hundreds of divorces in Philadelphia and the surrounding counties of Montgomery, Delaware, Bucks, and Chester. We are also licensed in the State of New Jersey. Contact us today to schedule your free consultation at 215-545-0008.