Full question:
My name is on the property. Which is paid for. I am the wife. How may i get half of equity in the house?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Pennsylvania
Answer:
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.
Pennsylvania is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The trial court's discretion will not be disturbed on appeal without a showing of clear abuse, and the court has wide discretion in making an equitable distribution.
Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage. The frequency of use may be considered by the court in making the decision.
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.
