Obermayer Family Matters

Obermayer Family Matters

Category Archives: Marital Property

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Dividing Personal Property In Delaware

Posted in Delaware, Marital Property, Property Division
In addition to dividing assets and debts, Delaware Family Court has the authority to divide marital personal property such as furniture, dishes, candlesticks and televisions. If the parties cannot agree on the division of this type of property the Delaware Family Court does not typically hear evidence at trial over which party should receive the living room… Continue Reading

Assisted Reproductive Technology: Who Gets Custody of Embryos?

Posted in Divorce, Marital Property, Paternity, Prenuptial Agreement, Property Division
Dealing with infertility and assisted reproductive technology is overwhelming.  Learning the acronyms (IUI, ART, IVF, ICSI) alone can seem daunting. Then there is the anxiety and fear that come along with the regular testing and attempted cycles.  There is the emotion that accompanies the desire for a child.  The women start to feel like they… Continue Reading

Protecting Gifts or Inheritances in Divorces

Posted in Divorce, Inheritance Rights, Marital Property, Pennsylvania
On numerous occasions, we have been asked how inheritances and gifts are treated in divorces in Pennsylvania.   The first thing you need to understand is how marital property is divided in a divorce. In Pennsylvania, the courts divide marital property through a process called equitable distribution. With regard to gifts and inheritances, marital property does not include… Continue Reading

My spouse wants me out. Do I lose rights to the house by leaving?

Posted in Divorce, Marital Property, Separation
A prickly issue that may arise when parties separate is who gets to stay in the marital residence during the parties’ separation period. In Pennsylvania, both spouses have a right to be in and/or on a marital property that is owned or rented jointly by the parties. Generally, courts will not evict one party from… Continue Reading

How do I get a “legal separation” in Pennsylvania?

Posted in Alimony, Child Support, Custody, Divorce, Marital Property, Pennsylvania, Separation, Support
You don’t! Unlike several other states, Pennsylvania does not require separating parties to go to court and request that a judge issue a formal decree separating the parties. Rather, separating parties in Pennsylvania may enter in to private agreements, setting forth the terms of their separation. Common issues that arise during the separation period are… Continue Reading

Monthly Disability Payments Not Considered Marital Property

Posted in Marital Property
In 2011, the Pennsylvania Supreme Court decided the case of Focht v.  Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on  the issue of whether an award or settlement proceeds from a personal injury claim, lottery winnings, or workers’ compensation that arose during marriage but  received after separation should be considered… Continue Reading