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  • Writer's pictureSeth Eric Springer, Esq.

Who Gets the House in a Divorce in PA?

One of the biggest assets a couple has is the house they live in together. If your house was bought during the marriage, then it’s considered a marital asset that should be split if the couple gets divorced. That’s true irrespective of whether both of the spouses’ names or one of their names are on the deed.

If there’s a line of credit, a mortgage, or other debt secured by the house, the remaining balance of the debt should be deducted from the house’s value to identify the equity, which can be split between the spouses in a divorce.

Read further to know more about who gets the house in divorce in PA.

How is property divided in a divorce in PA?

How is Property Divided in a Divorce in PA?

A divorce comes with many questions, such as what is a wife entitled to in a divorce in PA.

Many properties obtained during the marriage in PA are marital property. These properties are subject to equitable distribution either by private agreement or by the Court. When spouses divorce, the property is divided based on what’s equitable.

There’s no assumption that marital properties will be equally shared. Instead, the Court will split the property based upon statutory factors, such as:

· incomes of both parties

· age of the parties

· length of the marriage

· economic circumstances of the parties

· other property each party might otherwise be getting

Grounds for divorce in PA usually do not affect the division of property and are considered irrelevant in court.

How Should the House be Divided When Getting a Divorce?

Typically, there are two ways for spouses to split the equity in their house during a divorce. These include:

· sell the property and split the net proceeds

· one spouse refinances the debt secured by the house to eliminate the other spouse from the obligation and purchases the other spouse’s interest in the equity

No matter which option to pick significantly depends on whether either of the spouses wants the house and whether they can afford to keep the property. If neither of them wishes the house, or they can neither refinance the mortgage nor afford the expenses associated with the property alone, the house is often sold.

If one of the spouses likes to keep the house, that spouse would need to acquire a new mortgage in an amount big enough to satisfy the current debt and recompense to the other spouse an amount equivalent to their share of the equity.

If One Spouse Wishes to Keep the House, He or She Should Make Sure to Have Good Reasons.

If one spouse is going through a divorce and likes to keep the house, there may be good reasons to stand their ground. That’s because keeping or selling a home after divorce could be a major and life-changing event. It’s essential to understand that their reasons are sound and keeping the home will be in their best financial interests.

· Emotional attachment – It is sometimes an emotional decision whether to keep the family home. Even though emotional attachment is not a good reason, it is understandable. Most spouses become connected to their home because they have put lots of work into creating their dream home. Maybe because it holds a lot of amazing memories or because their house has been in one spouse’s family for countless generations.

· The children – School-aged kids might be traumatized by a divorce, and being forced to move could compound their emotional distress. If one spouse is worried about this and is not certain what is best for their family, they can consider speaking with a family therapist or child psychologist who can help them figure it out.

There are various reasons to try and keep the family home. Nonetheless, there are other not-so-good reasons: greed, retribution, control, and spite. Both spouses must not let the emotional aspects of a divorce cloud their sound judgment.

It is simple to see why it might be difficult to leave, but it is also important to keep in mind what is best for them in the end.

It is best to consult qualified and experienced York divorce attorneys to make sure they are protecting their legal rights while also protecting those of their spouse. Suppose one spouse violates the other’s right during a divorce, such as selling the family house without permission. In that case, the judge may order monetary sanctions or more serious penalties against the spouse.

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