If I had property prior to my marriage does Pennsylvania allow me to keep it after a divorce?

PA law concerning division of property prior to marriage is definitely something you will want to discuss with your divorce attorney if you owned property alone before your current marriage took place and you would like to see that property excluded from what gets divided up in your divorce.

Non-Marital Property

If you owned property before you were married, you may be able to have that property excluded from marital property in your divorce if you:

• Always kept it separate from other jointly owned property.
• Did not live in it with your spouse, or use it for a family vacation home.
• Did not take the proceeds from any rental income and deposit them in a joint account.
• Did not pay taxes, maintenance, or make improvements using martial funds.

You may also have to show that your spouse did not contribute significantly to any increase in the value of the property during the time you were married. This could include activities such as making repairs, selecting contractors to make improvements, helping to pay for improvements, or keeping the yard mowed and the landscaping neat.

If the property you owned was an inheritance, that may also help you have it categorized as non-marital property assuming your spouse has not been personally and financially involved with the property.

Equitable Division

Pennsylvania law allows for equitable division of marital property, which does not always mean equal. Many factors go into a review of how to equitably divide property including:

• How long the marriage lasted.
• Your age, health, ability to earn income.
• Contributions during the marriage.
• Value of non-marital property that each spouse may have.

Get Legal Help

Every divorce is unique, so you should plan to meet with a divorce attorney as soon as possible to find out how the laws in Pennsylvania are likely to affect your specific situation and needs, particularly if there are questions about property division, spousal support, child support or visitation. You will need a good attorney to advise you and represent your best interests.