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Old 03-10-2008, 10:03 AM
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Join Date: Mar 2008
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This is no-fault??? Property division in Penna.


Pennsylvania question: sorry it's so long.

It feels like it's totally my fault since I'm being penalized. Can I modify or undo any of this? Would these things automatically be given to her if I'd gone to court or a master hearing?

The essentials:
Married 28 yrs. No minor children. Assets: Her pension funds, my pension funds, house. Debts: 1st mortgage, equity loan, "8% translational costs."
She's an administrative assistant. I'm an electronic technician. I moved out, she stayed in the house.
She's getting the house, plus repayment of the portion of the equity loan used to pay for my car. Twice. (yes, she gets her half two times)

After 4 1/2 years of paying spousal support I signed an agreement to divide our few assets to stop the support. If I didn't sign she'd drag her feet indefinitely while I keep paying support. (My choices: Lethal injection or firing squad.)

She has a decent job, has worked for 20 years but I earn more. She wanted to keep the house and has paid the mortgage and upkeep but I've been paying a home equity loan we took out years ago.

She gets her equity in the house and her pensions.

One of my pensions is a defined benefit plan which they said must be evaluated for future value because she's entitled to half. (Without this evaluation I have $40 total in pensions at time of separation.)

I'm not yet collecting this pension and the actual cash value today is $12k. I can either take that money now or collect monthly for life when I'm 55 next year.

A forensic accountant determined this would be worth $124k if she had stayed married so she's getting $62k now.

I believe she should get $6k, which is half today's value.

The house is our biggest asset and my equity is going to her to pay the imaginary $62k I owe her. It was appraised at $216k almost two years ago, that's how good she is at procrastination.
I would have it re-appraised but it may have gone down. But I'm sure that it will be worth double that sometime in future years, it's in a good area and this is just the real estate rollercoaster effect.

Using her reasoning, shouldn't the future value of the house be given to me today?

She's getting "translational costs" for expenses incurred selling the house, but she's not selling it. I"m simply giving her my equity. It should cost about $75 to remove my name from the title.

Bottom line:
She gets $163k now plus the $23k she's collected to date in support.
I get my pensions which are worth $40k today. (We don't project the house value into the future so I use the current value for my pensions.)

I've paid an equity loan all this time which was a total waste- I got nothing for that money. She's paying me back for half the payments. I'm paying three halves of the car loan.

I estimate that her procrastination has cost me $100k. If this was resolved in a timely fashion I could have put much more in my current pension plan, not to mention that this waste is costing my children and their children money I could have invested for their education, etc.What is the name of your state?What is the name of your state?
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