My husband and I separated and I am selling the house. It is in my name only. Is he entitled to 50 equity if during our marriage he had no ...

Question

My husband and I separated and I am selling the house. It is in my name only. Is he entitled to 50% equity if during our marriage he had no income and did not take care of the home ? I am in Pa

Answer

Hi, Thank you for your question. My name is Andrea and I have over 25 years experience in in all aspects of Family Law.

Under Pennsylvania Law, anything purchased, or acquired during the course of the marriage is considered Marital property, regardless of which spouse paid for it and regardless of which spouse's name is on the title. The only exception is property acquired by gift, bequest, or inheritance and these remain the sole, separate property of the recipient to which the other spouse has no claim or right.

Therefore, if the house was purchased during the course of the marriage, it is considered "Marital Property" to which your husband has a claim. The amount of the proceeds to which your husband is entitled will depend on what you and he agree. If you cannot agree on the percentage interest division between the two of you, then you would submit a Petition on equitable Distribution and the Court will decide the percentage that each spouse will receive in both the personal and real property that constitutes "Marital Property".

You would first have a hearing in front of the Divorce Administrator who would arrive at a decision. If either of you do not agree, you can appeal the decision of the Divorce Administrator and have a trial before a Common Pleas Judge. In each case, the division of marital property starts out at 50-50. The Divorce Administrator (or, Common Pleas Judge, if either of you Appeals), starts out at 50-50, then depending on the facts and taking into account the factors in the Divorce Code, the final division could be 50-50, 45%-55%, 40%-60%, etc.

I wish you the best,

ANDREA G. TILLIS