I have a complicated question. My mom died almost ten years ago and my dad remarried two years ago. To a girl who is half his age, who also lived with my older brother for 7 years before she moved in on my dad once my mother passed away. My question is, my parents had a house and a small piece of land that is almost paid for. Now my dad and his new wife will soon be getting divorced. Probably because my dad does not have enough money from his retirement to support her and her two kids! My question is, what are the chances she can take his home? I know morally she should not be entitled to any of it since she has not contributed to the 25+ years of paying for it but I want to know what the legal system might say? Any help or advice would be great.
Pennsylvania is an equitable distribution state. Equitable distribution means a "far". not equal division of marital property. Marital property includes all property that was acquired during the marriage, regardless of how it is titled (in whose name it is). Gifts from one spouse to another are marital property if they were purchased with marital funds. Generally gifts and inheritances that a spouse receives during the marriage belong to that spouse. Pensions and business interests that were developed by one spouse are considered marital property if they were acquired during the marriage. Marital property in Pennsylvania is defined by § 3501of the PA Statutes as:
(a) General rule.-As used in this chapter, "marital property" means all property acquired by either party during the marriage, including the increase in value, prior to the date of final separation, of any nonmarital property acquired pursuant to paragraphs (1) and (3), except:
(1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.
(3) Property acquired by gift, except between spouses, bequest, devise or descent.
She may be entitled to an share of any increase in equity during the marriage till the final settlement . I'm guessing it won't be much .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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