Property Division In Divorce

Summary

In Pennsylvania, marital property includes assets acquired during the marriage, regardless of ownership. A house purchased before marriage is typically separate property, but any increase in its equity during the marriage may be considered marital property. Similarly, 401(k) contributions and growth during the marriage are likely marital property, even if the account was started earlier. Consult a family law attorney to evaluate your specific situation and determine the division of assets.

Full Conversation

Hello
Hi there! How can I help you with your legal issue today?
Looking for advice
Could you share a bit more about what legal topic or issue you're dealing with? For example, is it about family law, criminal law, contracts, or something else?
I’m getting divorced and wondering how much she can get from me. We were married in *. I bought my house in * started my *(k) in *. Her name was never on the deed of the house or on my *(k) trying to figure if she still has rights to some of my *(k) and some of the equity in my house.
In Pennsylvania, marital property includes assets acquired during the marriage, regardless of whose name is on them. Here’s how your situation might be handled:
- House: Since you purchased it in *, before marriage, it’s likely considered separate property. However, any increase in equity or value during the marriage could be marital property.

- *(k): Contributions and growth from * (the marriage date) to the separation date are likely marital property, even though the account started earlier.
To determine exact rights, you’d need to calculate the value of these increases during the marriage. Consider consulting a family law attorney for a detailed evaluation.