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07-21-2006, 01:55 PM
| | Junior Member | | Join Date: Jul 2006
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| | | What rights does a separated spouse have?
What is the name of your state? Pennsylvania
Hello,
I have a question that I hope you can address. This is a matter in Pennsylvania with regards to what rights to property that a separated spouse has.
Here is the situation: My friend's fiance is separated from his wife. The wife is fighting the divorce stating she needs the medical coverage. The divorce will be final in February 2007 if she doesn't sign the papers due to length of time. In the meantime, my friend and her fiance have decided to build a house on property that my friend owns. In order to get the financing, my friend had to add her fiance to the land title. (Remember he is still "married" but separated). The bank that they are trying to use to finance the building loan has called and ask that the estranged wife send a letter stating no claim to the property. Now my friend is very upset and worried that this woman will have access to land that has been in her family for many years. What is the law with regards to property obtained after legal separation? Thank you very much for your replys. |
07-21-2006, 02:07 PM
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Posts: 14,767
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Originally Posted by rhondad My friend's fiance is separated from his wife. | Right there? Game over.
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"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
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07-21-2006, 02:10 PM
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Originally Posted by rhondad What is the name of your state? Pennsylvania
. Now my friend is very upset and worried that this woman will have access to land that has been in her family for many years. . | As I am sure his wife was upset and worried that some woman had access to a husband that had been in her family for years. |
07-21-2006, 02:12 PM
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Posts: 7
| | | I know that she has heard all these comments, and I am not here to have her beat up or justify or defend what they have done...just looking for some answers. Thanks again. |
07-21-2006, 02:13 PM
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Originally Posted by rhondad I know that she has heard all these comments, and I am not here to have her beat up or justify or defend what they have done...just looking for some answers. Thanks again. | Google is your friend's friend.
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"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
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07-21-2006, 02:14 PM
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| | | Google what? |
07-21-2006, 03:17 PM
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Posts: 31,781
| | | The wife has a claim. Anything her husband buys before the divorce is considered marital property. Even if she signs off on it she can still claim it because her signing a paper just means that she is making her rights subordinate to the mortgagors. Your friend shouldn't be buying ANYTHING with her fiance until he is divorced or his ex wife can get a portion. |
07-21-2006, 04:03 PM
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Posts: 7
| | | Thanks Ohiogal, I don't know law, but that's what I cautioned her about. It seemed to me that the wife could have access. She told me the attorney working on the divorce told her that the wife COULD NOT have access to the land because the land was purchased after they were separated. But the bank is pressing for a "release". I thought a second opinion from a dirrerent attorney would be a wise choice. Just thought I would toss it out here. You guys give out some good thoughtful info. Thanks again. |
07-21-2006, 04:25 PM
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Originally Posted by rhondad Thanks Ohiogal, I don't know law, but that's what I cautioned her about. It seemed to me that the wife could have access. She told me the attorney working on the divorce told her that the wife COULD NOT have access to the land because the land was purchased after they were separated. But the bank is pressing for a "release". I thought a second opinion from a dirrerent attorney would be a wise choice. Just thought I would toss it out here. You guys give out some good thoughtful info. Thanks again. | I am sorry but your friend couldn't have made a dumber move than this. She just gave half of her property to someone who is married to someone else. She should not have even remotely thought about building a house with this man until his divorce was final and he and she were married. |
07-21-2006, 04:42 PM
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Posts: 7
| | | Thank you LdiJ. I appreciate your response. I am forwarding your advice as well as Ohiogal. Again, I appreciate all the responses. |
07-21-2006, 05:04 PM
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Posts: 7
| | | My friend just called and said that she contacted her attorney again (since I emailed her) and he assured her that "from the separation date on, anything you purchase can not be considered marital property.". She said that the attorney sent a letter to the bank stating this. The letter the attorney sent to the bank said that they were separated, and in the state of PA, anything you purchase after separation can not be considered marital property and as such could not be equitably divided. Have you ever heard of this???? The attorney forwarded her a letter. If the letter that the attorney sent her & the bank proves to be incorrect can she take action against the attorney. I really appreciate any advice.
Last edited by rhondad; 07-21-2006 at 05:17 PM.
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07-21-2006, 05:49 PM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,781
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Originally Posted by rhondad My friend just called and said that she contacted her attorney again (since I emailed her) and he assured her that "from the separation date on, anything you purchase can not be considered marital property.". She said that the attorney sent a letter to the bank stating this. The letter the attorney sent to the bank said that they were separated, and in the state of PA, anything you purchase after separation can not be considered marital property and as such could not be equitably divided. Have you ever heard of this???? The attorney forwarded her a letter. If the letter that the attorney sent her & the bank proves to be incorrect can she take action against the attorney. I really appreciate any advice. | She can always sue but her having a case is the point. Is the attorney her attorney or her fiance's attorney in the divorce acton? If the latter then she wouldn't have standing because the attorney would be her fiance's and her fiance would be the one affected and could sue for malpractice if the advice was given to him. If the attorney is HER attorney then it depends on how much information regarding the ENTIRE situation he has. If she just asked a simple question without all the facts to this case then maybe not. |
07-21-2006, 06:19 PM
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Posts: 7
| | | The attorney is the attorney for the divorce. (His attorney) and is knowledgable about the entire situation. Thanks again Ohiogal. My friend said that right now the attorneys with the bank and his attorney are consulting each other. She said the bank wants to ensure that their interest is protected and that the other party (estranged wife) has no legal claims. | |
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