Legal Question in Family Law in Pennsylvania

I am in the process of getting divorced. I have a home that i am trying to sell that is in my name and my fathers name that i had before we were married. Some people are telling me that she has to sign off on the house for me to be able to sell it. Is this true? Her name is not on the deed and never has been. it is only in my father and i's name.

Asked on 7/18/11, 10:27 am

1 Answer from Attorneys

Who is she? Your soon-to-be ex?

If you acquired the property before marriage it is SEPARATE property. She does not have to sign. The only way it could be considered partly marital is if you and she lived there and made some substantial improvements during your marriage and her efforts led to the increase in value.

23 Pa.C.S.A. 3501:

(a) General rule.--As used in this chapter, "marital property" means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1). However, marital property does not include:

(1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

(2) Property excluded by valid agreement of the parties entered into before, during or after the marriage.

(3) Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

(4) Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

(5) Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

(6) Veterans' benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229) [FN1], as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans' compensation.

(7) Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

(8) Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

My advice is that you talk this over with a family attorney just to be safe.

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Answered on 7/18/11, 2:12 pm

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