Property division can emerge as one of the pivotal aspects in divorce cases. With the guidance of a skilled divorce lawyer, you can navigate through disputes that often arise over various assets, from plots of land to antique rugs. It’s not uncommon for spouses to attempt to conceal assets from each other and even the court. In Pennsylvania, where the law follows the principle of equitable distribution, a judge will aim to divide assets in a fair manner, which doesn’t necessarily mean an equal split. The expertise of a divorce lawyer can prove invaluable in ensuring a just outcome in these scenarios.

Identifying Marital Assets

Property division can be one of the most contentious aspects of divorce proceedings, with family homes, financial accounts, retirement benefits and personal possessions often coming under attack during negotiations. Determining their true worth can be difficult in cases involving assets like houses and cars as these hold sentimental significance beyond their monetary worth.

Pennsylvania property division laws generally dictate an equitable division, though there may be exceptions. For example, if prior to marriage you owned real estate that increased in value as a result of renovation efforts by your spouse resulting in more valuable property being considered marital property.

Marriage makes inheritances and gifts given before marriage marital property if combined with joint funds or used during the relationship. An experienced attorney can help identify these assets so you know how they should be dealt with when considering divorce.

Identifying Separate Assets

Property division can quickly escalate into a contentious issue during a divorce. Beyond financial values, property often carries emotional significance for both spouses. For instance, your marital home where your children grew up can hold immense sentimental value. Furthermore, whether classified as separate or marital property, it can serve as a source of income when calculating spousal support payments.

Under Pennsylvania law, all assets acquired during a marriage are considered marital property and should be divided equally upon divorce. Hence, it’s vital for couples to compile an inventory of all their assets (such as vacation homes, boats, campers, bank accounts, stock investments, mutual funds, and valuable collectibles like furniture antiques) as soon as they begin dating or filing papers together. Spouses should remain vigilant for unexplained withdrawals from joint accounts in the days leading up to filing papers.

In complex cases, where there’s suspicion of hidden assets, a private investigator can play a crucial role. Trained in unearthing concealed assets and irregular financial activities, they can provide valuable assistance to ensure a fair property division, supplementing the work of your divorce lawyer.

Identifying Debts

As partners frequently mix their finances and open joint credit card or loan accounts, it may become challenging to identify who is liable for debt after divorce. For instance, if one party’s name appears on a mortgage and they don’t pay their share off, both could potentially be held liable. Vehicle valuation should also be done using automotive industry Blue Books and by visiting several reputable used car dealers to establish how much their car is worth.

Separate debt should be distinguished from marital debt in order to establish fair distribution, while separate debt refers to items owned prior to marriage that did not use marital funds to incur them. Courts typically decide which items belong in which category based on history and personal circumstances of both partners involved in a marriage.

Related: How do you make a will in Pennsylvania?

Identifying Pets

For decades, family pets were considered personal property subject to divorce court decisions, particularly if purchased during marriage. A judge would typically determine who kept it based on financial evidence such as receipts or testimony from people familiar with it.

Even though lumping companion animals in with furniture may seem harsh, some judges are beginning to recognize that companion animals deserve more than a mere property classification. Alaska was the first state to require judges in custody cases to consider a pet’s wellbeing, and other states currently have similar legislation under review.

Divorce attorneys can guide their clients in reaching a fair and sensitive agreement regarding the fate of their pet. A skilled professional will examine all aspects of the case, inform their client about potential outcomes, provide professionally gathered evidence, and prepare their client for testimonies before the judge.

For more detailed information about family law in Pennsylvania, especially regarding property division, the Pennsylvania Bar Association’s Family Law Section offers comprehensive resources. Please note that this is a contextual link based on my training data up to September 2021, always verify the current URLs and the information provided therein.