In some cases, yes. Separate property refers to assets you inherited, owned before marriage or received as a gift during marriage. Marital property, on the other hand, usually includes all assets you and your spouse acquired during the marriage, regardless of who purchased them. During divorce, marital property is subject to equitable distribution. Separate property usually remains with the original owner.
However, it’s important to note that there are exceptions. Pennsylvania courts may consider separate property as marital property, depending on certain circumstances.
Situations where separate property may be considered marital
Some situations can blur the line between what’s yours alone and what belongs to both spouses. This can happen when:
- You combine personal funds with joint accounts or use marital funds for an asset: This can include depositing your inheritance into a joint bank account you share with your spouse or using money from your joint account to pay the mortgage on a house you owned before marriage. The court may view this as an intention to share the property and consider it subject to division.
- Both spouses contribute to increasing the value of an asset: For example, you own a small business before marriage, and your spouse helped expand it during your marriage by working there or contributing ideas. The court may consider the increase in value as marital property, even if the original business remains separate.
- You add your spouse’s name to the title of your property: When you add your spouse’s name to the deed of a house you owned before marriage, you typically change the legal ownership status of the entire property. This action often converts the whole house from separate property to marital property.
In these cases, courts may examine your intentions for the property and the length of your marriage. They might also weigh how each spouse contributed to acquiring or maintaining the property. These factors help determine a fair division in your case.
Secure your financial future
Confused about what’s yours, what’s shared and what it means for your divorce? A family law attorney can provide the clarity you need.