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The short answer is either party could get the house in a Pennsylvania divorce. The judge could order the parties to sell the house and split the net proceeds after the mortgage and any home equity loans are paid off.
As indicated in the preceding section, divorce settlement agreements are written contracts and, as such, certain obligations in the agreement may be subject to a statute of limitations. If one party to the agreement fails to meet that obligation, the other will then have four years to seek a remedy from the court. (Pa.
The court can reopen your divorce case if the divorce judgment is unfair to you.
The easiest way to modify a settlement agreement in Pennsylvania is when both spouses mutually agree to the changes. You would still want the assistance of a family law attorney to ensure it is being done correctly.
Although Pennsylvania law does not require Settlement Agreements to get divorced, you and your spouse may decide that you want an agreement in writing so there is no doubt about the details of the termination of your marriage.
Pennsylvania is known as an equitable distribution state and not a community property state. Our courts divide marital property and debts based on the principles of equity. That means it is in the discretion of the court to divide marital assets and marital debts as it sees fair.
It is very rare for a divorce financial settlement to be reopened and changed. However, the Critchell case shows that unexpected and significant changes, such as a sudden substantial inheritance, can occur in the weeks and months following a financial settlement order.
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
42 Pa. C.S. Section 5525(a)(8) provides that generally an action upon a contract must be commenced within four years. When parties divorce, there is often a property settlement agreement (also referred to as a marital settlement agreement) executed by the parties resolving the economic aspects of their divorce.
Even though Pennsylvania is not a community property state, it is an equitable distribution state. Marital property must be distributed between divorcing spouses in a fair manner.