keith_pitt2001 said:
Thank you for letting me know the PAF worked for you. I also new of the marital property issue. It would seem to me that I have had the house for 1 year almost and have paid about 10,000-15,000 in mortgage payments. So their sounds to not be to much to split in that respect even if she gets half. I dont think pa is a community property state. I knew of the PAF and how would it work. What happens after a PAF order is placed and she is removed from property? Does it go to court or just stay as a PAF till lifted. Can I file the PAF for possible treat to me, cause when I tell her I want a divorce she will try to hurt me. Also we have no children so is it correct to say she has no right to the house after divorce?
Do not attempt to remove your wife of 10 years (8 yrs common-law/2 yrs legal) from your home on a false charge of DV. The fact that she may have been upset when you said you were going to divorce her is not grounds for a restraining order. So you better start acting like a responsible person and quit playing games. You knew she was disabled when you married her, so don't exploit her.
You are correct, however on one issue, PA is not a community property state, that doesn't mean that just because you bought the house in your name during the marriage that it is your sole property when it comes time for the property settlement or that you will not have to pay alimony.
Here are some PA laws related to this issue.
PROPERTY DISTRIBUTION: Pennsylvania is an "equitable distribution" state. Separate property that is: (1) acquired prior to the marriage; (2) acquired in exchange for any separate property; (3) any gifts and inheritances; and (4) any property designated as separate in a valid agreement between the spouses, will be retained by the spouse owning it. All other marital property will be divided equitably, without regard to any marital misconduct, based on the following factors: (1) the contribution or dissipation of each spouse to the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as homemaker; (2) the age and health of the spouses; (3) the vocational skills of the spouses; (4) the value of each spouse's property; (5) the economic circumstances of each spouse at the time the division of property is to become effective; (6) the length of the marriage; (7) the tax consequences to each spouse; (8) the occupation of the spouses; (9) the amount and sources of income of the spouses, including retirement and any other benefits; (10) the vocational skills of the spouses; (11) the employability of the spouses; (12) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (13) the standard of living established during the marriage; (14) whether a spouse will have custody of any minor children; (15) any contributions toward the education, training, or increased earning power of the other spouse; (16) any prior marital obligations; and (17) any other factor necessary to do equity and justice between the spouses. The court may require a spouse to purchase or maintain life insurance and name the other spouse as beneficiary. Both spouses will be required to submit an inventory and appraisal of their property. [Pennsylvania Consolidated Statutes Annotated; Title 23, Sections 3501, 3502, and 3505].
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be awarded to either spouse if necessary. In determining the alimony award, the following factors are considered: (1) whether the spouse seeking alimony lacks sufficient property to provide for his or her own needs; (2) whether the spouse is unable to be self-supporting through appropriate employment; (3) whether the spouse seeking alimony is the custodian of a child; (4) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity; (5) any tax consequences; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's separate property; (9) the comparative financial resources of the spouses; (10) the needs and obligations of each spouse; (11) the contribution of each spouse to the marriage, including services rendered in homemaking; (12) the age of the spouses; (13) the physical, mental, and emotional conditions of the spouses; (14) the probable duration of the need of the spouse seeking support and alimony; (15) the educational level of each spouse at the time of the marriage and the time necessary for the spouse to acquire sufficient education to find appropriate employment; (16) the contribution by 1 spouse to the education, training, or increased earning power of the other; (17) the spouse's sources of income, including medical, insurance, retirement benefits, inheritances, assets, and liabilities, and any property brought into the marriage by either spouse; (18) any marital misconduct; and (19) any other factor the court deems just and equitable. There are official spousal support guidelines now in use in Pennsylvania and these are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of a case. Alimony payments may be ordered to be paid through the Domestic Relations Section of the court. [Pennsylvania Consolidated Statutes Annotated; Title 23, Sections 3701, 3702, 3704, and 3706].
PA, Married 2 years lived together 10. Bought house march 2004 with husbands money. He is the only one who can afford the mortgage. Wife's credit keep her from having her name on the deed or mortgage. Husbands name is on the deed and mortgage. Wife is disabled and functional but recieves SSD income. Can the husband force the wife out before divorce documents are filed? If so how could this be accomplished threw police or court order. Had thought separation may allow for her removel.