Full question:
I am going through a divorce and we have not gone through equitable distribution process yet. I would like my husband to buy me out of a time share we bought while married and have agreed on an amount. How can we write this transaction up on our own and have it hold up in court.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Pennsylvania
Answer:
Yes, you may make a contract on how to divide property that may be incorporated into the divorce decree and therefore becomes enforceable through the contempt power of the court. If it is not merged into the divorce decree, it is merely a private agreement and would need to be enforced through a breach of contract lawsuit.
Please see the following PA statute:
23 Pa.C.S.A. § 3105. Effect of agreement between parties
(a) Enforcement. — A party to an agreement regarding matters within the
jurisdiction of the court under this part, whether or not the agreement
has been merged or incorporated into the decree, may utilize a remedy or
sanction set forth in this part to enforce the agreement to the same
extent as though the agreement had been an order of the court except as
provided to the contrary in the agreement.
(b) Certain provisions subject to modification. — A provision of an
agreement regarding child support, visitation or custody shall be subject
to modification by the court upon a showing of changed circumstances.
(c) Certain provisions not subject to modification. — In the absence of
a specific provision to the contrary appearing in the agreement, a
provision regarding the disposition of existing property rights and
interests between the parties, alimony, alimony pendente lite, counsel
fees or expenses shall not be subject to modification by the court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
