Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Dividing Property

Dec 19, 2025

Dividing Real Estate Through Divorce Litigation: More Than Just the Family Home

Real estate is one of the most important parts of many divorce cases. For some couples, the main focus is the family home. For others, real estate may include rental units, vacation homes, investment land, or property tied to a business. Each type of property brings its own challenges. When a divorce goes to court, these challenges must be sorted out through a clear and organized process.

Real estate is also emotional. Homes carry memories. Rental properties bring income. Investment land holds long-term goals. Because of this, disagreements about real estate are common. When spouses cannot reach an agreement, litigation becomes necessary. Courts in Pennsylvania look at many details before making a decision, and each detail affects the final outcome.

This guide explains how real estate is handled in Pennsylvania divorce litigation and why strong legal preparation matters.

Real Estate in Pennsylvania Divorce

Pennsylvania uses an equitable distribution system. This means property is divided based on what is fair, not on an automatic 50–50 split. Real estate that is bought during the marriage is usually considered marital property. It does not matter if the deed is in one name or both.

Courts look at several factors when dividing real estate, such as:

  • How long the marriage lasted
  • The income and financial needs of each spouse
  • How each spouse contributed to the property
  • Who will care for the children and where they will live
  • The cost of keeping or selling the property
  • Whether a property has debt or tax issues
  • Each spouse’s ability to maintain the property after the divorce

Because real estate is valuable and cannot be divided physically, the court must decide how the property will be sold, transferred, or awarded.

Why Real Estate Is Complicated in Divorce

Real estate comes with paperwork, financial history, and future responsibilities. Each property may also have repairs, taxes, and insurance to consider. When spouses disagree about value or responsibility, the court must step in.

Common problems include:

  • Disagreement about how much a property is worth
  • Unfinished repairs that affect value
  • Arguments about who paid for improvements
  • Emotional attachment to a home
  • Investment properties with unclear records
  • Hidden liens or unpaid taxes
  • Rental income that is not documented

These issues often require appraisers, accountants, or other experts. Litigation becomes the place where these facts are collected and reviewed.

The Marital Home

The family home is often the central point of conflict. It is the place where the family lived, raised children, and built memories. Courts must decide not only who gets the home, but also what happens to the equity, mortgage, and ongoing costs.

A court may:

  • Give the home to one spouse
  • Order the home to be sold
  • Allow one spouse to stay temporarily
  • Divide the equity through a buyout

When the couple has children, judges often try to keep the children in a stable home environment. This may mean one parent stays in the home for a period of time, even before the final decision is made.

Vacation Homes and Second Properties

Vacation homes are treated differently from marital homes because they are not essential living spaces. They also tend to cost money to maintain. Courts look at whether the property is used only for family vacations or also rented to guests.

Judges consider:

  • How much income the property brings in
  • Seasonal value changes
  • Costs of upkeep and insurance
  • Whether either spouse has a strong practical tie to the property

If the home is used as a short-term rental, the court will review financial statements to see how profitable it is. This information helps the judge decide whether the property should be sold or kept.

Rental Properties

Rental real estate can be complex because it works like a small business. The court must understand the income, expenses, and long-term value of the property. Records must be clear and complete.

Courts look at:

  • Rent received
  • Bills for repairs
  • Mortgage payments
  • Insurance and taxes
  • Maintenance and property management costs
  • Profit or loss over time

A spouse who wants to keep a rental property must show they can afford to run it. If proper records are missing, the court may request an accountant or financial expert to review the property.

Investment Land

Some couples own land that has no buildings on it. This type of property may not bring in income, but it may be valuable due to location or future development plans. Courts review:

  • Current market value
  • Zoning rules
  • Property taxes
  • Long-term potential
  • Whether the land is tied to another asset or business

Because land can be hard to sell quickly, courts consider how realistic it is for one spouse to keep it or whether a sale is more practical.

How Courts Determine Property Value

Accurate valuation is essential in every real estate dispute. Courts usually rely on professional appraisers. Each spouse may hire their own expert if they disagree on the value.

Common methods include:

  • Market appraisal
  • Comparable sales
  • Income approach for rentals
  • Cost to replace certain structures

If the experts disagree, the judge reviews each report and decides which value is more reliable.

Mortgage and Bill Responsibilities During Litigation

Divorce can take months or longer. During that time, real estate still has costs. Courts can issue temporary orders stating who must pay:

  • Mortgage payments
  • Property taxes
  • Insurance
  • Utilities
  • Emergency repairs

Both spouses may be responsible until the court makes a final decision. Missed payments can hurt both people’s credit, so temporary orders are very important.

When Properties Must Be Sold

Sometimes neither spouse wants the property or neither can afford to keep it alone. In these cases, the court may order a sale.

A court-guided sale often includes:

  • Choosing a neutral real estate agent
  • Agreeing on an asking price
  • Handling inspection or repair issues
  • Deciding how closing costs will be paid
  • Dividing net proceeds fairly

If spouses cannot work together, the court can appoint someone to manage the sale.

When One Spouse Wants to Keep a Property

A spouse may want to keep the home or rental property. In these cases, they must usually “buy out” the other spouse’s share. That means:

  • Paying the other spouse their part of the equity
  • Refinancing the mortgage into their own name
  • Taking responsibility for taxes and upkeep

Courts will not award property to a spouse who cannot afford it long-term. Fairness and financial stability play an important role in the decision.

Hidden Problems That May Affect Property Division

Real estate sometimes reveals issues during litigation that were not known before. These can include:

  • Undisclosed debts or liens
  • Unpaid taxes
  • Foundation or structural problems
  • Improper rental permits
  • Missing rental records
  • Environmental concerns

When these problems arise, the court may need more evidence or expert reports to determine a fair outcome.

Conflict and Litigation

Real estate disputes can become emotional and heated. When spouses refuse to cooperate or share information, litigation becomes necessary. Courts may use tools such as:

  • Court-ordered inspections
  • Orders to produce documents
  • Contempt findings for refusing to comply
  • Forced sales
  • Sanctions

These tools help keep the case moving and protect both parties.

Why Legal Guidance Matters

Real estate is complicated. Values change. Records may be missing. Debts may be unclear. An experienced family law attorney helps organize these details and prepares the strongest case possible.

A skilled attorney can:

  • Gather financial documents
  • Work with appraisers and accountants
  • Protect ownership rights
  • Handle negotiations
  • Prepare for court hearings
  • Explain tax and refinancing issues
  • Review long-term financial risks

Toward the end of the case, the goal is a fair, stable result that allows each spouse to move forward with clarity and security.

The Law Office of Joanne E. Kleiner represents clients in Montgomery, Bucks, and Philadelphia Counties and has more than 35 years of experience in real estate issues within divorce litigation. The firm helps clients understand their options and fight for a fair outcome. To schedule a confidential consultation, call 215-886-1266.

Mar 07

The Key Differences Between Separate and Marital Property

How to Classify an Asset for Property Division Purposes

You may believe that you are at risk of losing half your belongings if you leave your spouse. However, this isn’t necessarily the case. Instead, you generally only risk losing a portion of the assets held inside of the marital estate.

What Is the Marital Estate?

Generally speaking, any assets that are acquired during a marriage are considered to be part of the marital estate. This may be true even if only one person’s name is on the deed or title to the asset. For instance, if you buy a home with your spouse, you generally have an ownership interest in that home even if it is held in your spouse’s name.

It’s also worth noting that price appreciation that occurs in a separate asset after marriage becomes official may be part of the marital estate. For instance, let’s say that you own a home that is worth $100,000 on the date of your wedding. Let’s also say that the home is worth $200,000 when your divorce becomes official.

Your spouse will likely be entitled to a portion of the $100,000 in price appreciation that took place while you were married to them. It’s worth noting that they would be responsible for paying capital gains taxes on any profits that they received from selling a joint asset obtained in a divorce settlement.

What Is Commingling?

Commingling can occur in several different ways. For example, if your spouse deposits money into your personal bank account, that asset may now be considered joint property. The same may be true if your spouse used their money to make repairs to your home, car or other property. Separate assets may become joint assets because you failed to keep accurate records of when they were acquired and who paid to obtain or maintain them.

Tips for Retaining Control of Property After Getting Married

The use of a prenuptial agreement may make it easier to exempt property from being distributed to your spouse in a divorce settlement. Such an agreement may stipulate that your business, home or other property is to be classified as separate property. A divorce lawyer may be able to help you draft a prenuptial agreement that is likely to hold up under scrutiny.

If you aren’t able to create such a contract before your wedding takes place, you can draft a postnuptial agreement after your marriage becomes official. Regardless of when this type of agreement is executed, it’s important to allow your spouse to review it with their own attorney. This may help to ensure that the document won’t be invalidated based on a claim that it was signed under duress.

Putting assets into a trust may also be an effective way to retain control of them after a divorce. In most cases, property held in a trust is considered to be kept outside of the marital estate. Of course, your spouse may challenge the validity of the trust, and it’s possible that a judge will nullify it in the event that the document is not structured properly.

Certain Assets Won’t Automatically Become Part of the Marital Estate

If you received an inheritance while you were married, it remains a part of your separate estate. The same is true of anything that you received as a gift from your spouse, a friend or a family member. Of course, these items can become joint property if they are commingled, which is why it may be best to keep them in a separate account or place them in a trust.

If you need the assistance of a divorce lawyer, you’re encouraged to contact the Law Office of Joanne Kleiner at your earliest convenience. You can call our Jenkintown office by dialing (215) 886-1266, or you can fill out and submit the contact form located on our website.

Jun 18

Can You Get Some of Your Ex’s Pension During a Divorce?

Am I Entitled to My Ex-spouse’s Pension?

Roughly 56% of Americans include a pension or other retirement savings plan as part of their financial assets. Dividing up these sorts of assets in a divorce can be tricky. Whether or not you get part of your ex’s pension will depend on a few factors.

Pensions Are a Joint Asset

Even if your spouse was the only one contributing to the pension, part of it might be your property. Your divorce lawyer can argue for you getting a share of the pension because it’s a joint asset. Over the course of the marriage, you and your spouse’s contributions both went into things like producing children, obtaining a career, and getting home goods. Therefore, any funds that you or your partner got during the marriage are called joint marital property. In a divorce, these joint assets are split up. Depending on the way that you either choose to divide assets or a court issues an order, you can get some of a pension.

You Might Not Get Half of the Pension

Pensions are treated just like any other asset division in Pennsylvania. This means that they are split based on what is equitable and fair. Keep in mind that this doesn’t necessarily mean you automatically get half. Instead, the judge will split any pensions based on factors such as:

  • Whether you contributed to the home non-financially, such as helping with child care or cooking
  • How long you have been married
  • How much money you and your spouse each have
  • Your age, health, and ability to work at a job
  • Whether you’ll be a custodial parent or not
  • Your contributions to the pension or other marital property

Additionally, you might have the option of choosing to forgo your share of the pension in exchange for something else. For example, if you want to keep a car, you and your divorce attorney might offer to relinquish your right to the pension and get the vehicle instead.

Reasons That You Might Not Be Entitled to Some of the Pension

In most cases, a pension is part of joint marital property that needs to be considered during asset division. However, there are a few factors that can keep a pension from being a joint asset. In these cases, the answer to who gets the pension in a divorce will be your ex. You won’t be able to ask for part of it or use it while negotiating for certain property.

The most common reason that you won’t get part of the pension is just that your partner earned it before you were married. When your spouse brings a pension into your marriage, it is their personal property that they get to take when they leave. If they started the pension before your marriage but kept contributing after, you’re only entitled to the portion of the pension accrued after your marriage.

Another reason you might not be entitled to a pension is if you signed a prenuptial agreement. Though judges can throw out prenups for certain reasons, this doesn’t happen often. Typically, if you agreed you wouldn’t take any of your ex’s pension, you can’t. A final reason that you might not get their pension is the type of the account. Some pensions, such as those through the military, may follow a separate set of rules. These can potentially bar the pension owner from splitting the account with an ex. If the owner cannot transfer the pension to anyone else, you might not get any money from it.

Ultimately, most couples who divorce will end up splitting pensions or substituting other assets. However, this sort of asset division can be tricky, so it’s a good idea to discuss your unique situation with a divorce lawyer. At the Law Office of Joanne Kleiner, we take pride in helping people achieve satisfactory divorce outcomes. Our team provides the representation you need during this challenging transition. Call 215-886-1266 or fill out our contact form to schedule a consultation today at our Jenkintown office.

Feb 17

The Difference Between Equitable and Community Property Division

Equitable and Community Property Division Rules Are Not the Same

More than 700,000 Pennsylvania residents are divorced. This state operates under equitable property division guidelines in divorce proceedings. A spouse who assumes that he or she will automatically walk away with a 50/50 split of marital property is mistaken.

Property Division Rules Vary by State

Divorce laws vary by state. There are currently 41 states that operate under equitable property division guidelines and nine states that use community property rules. In every state, marital property and marital debt refer to assets or liabilities spouses have acquired or incurred during the marriage.

A family court judge overseeing property division proceedings will determine how marital property and marital debt should be split between spouses to settle a divorce. A divorce lawyer can help a concerned spouse protect his or her financial interests in court. Certain divorce-related topics can make property division more complex, such as if spouses have children together and must determine whether they will continue to live in the marital household and, if so, who will live with them as well as who will pay for maintenance and upkeep of the home.

How Equitable Property Division Differs From Community Property Rules

Business partners typically possess shared ownership interests in the assets of their company. If they dissolve their partnership, it is common to divide assets and liabilities between them. It is similar in divorce, meaning that neither spouse has an exclusive right or responsibility to any asset or debt accrued during the marriage. In states where community property division rules apply, all marital assets and debts are equally split, 50/50, between spouses in a divorce. In Pennsylvania and other equitable property states, the division of marital property must be fair but not necessarily equal.

A judge ruling on property division issues in an equitable property state determines how assets and debts should be split so that each spouse receives a fair portion of the overall value of the total assets and the amount of debt to be paid.

Establishing Separate Property Ownership

If spouses signed a prenuptial agreement before their wedding day, it is possible that certain assets or debt have legally been assigned separate ownership or liability to one spouse or the other. Certain issues, such as an inheritance that is designated for one spouse only, may also not be subject to property division in a divorce. Intended spouses can use a prenuptial contract to protect assets or avoid a liability, such as a future spouse’s college loan debt, in case a divorce takes place at some point; this is true whether the state in question has equitable or community property rules.

Equitable Property Rules Enable Asset Trading

In order for a Pennsylvania family court judge to determine a fair division of assets, spouses must fully disclose every asset or property they own. In some cases, it’s possible for spouses to agree to trade assets, meaning they agree to exchange the value of one asset for another. For instance, a car cannot be physically split in two; however, spouses might agree to exchange the value of a car for the value of another asset. Another example might be if a spouse wants to keep the marital home and is willing to exchange his or her value portion of a vacation property or other assets in order to do so. A divorce lawyer can make recommendations to a client regarding specific asset value issues.

Seek Clarification of State Laws Before Heading to Court

Divorce isn’t easy, but it’s often possible achieve a fair settlement and move on with life even if some issues are more complex and challenging to resolve than others. Regarding equitable property division versus community property division rules, it’s critical to understand the difference and to know which laws apply in a specific set of circumstances. If a person lacks knowledge about equitable division guidelines and heads to court assuming that he or she will automatically get an equal portion of assets in a divorce, discovering that this is not necessarily true may have a significant impact on his or her settlement and post-divorce financial status.

It’s always best to act alongside experienced legal representation in court because a family law attorney can protect a client’s rights and financial interests, especially during property division proceedings. If you’re concerned about property issues as you prepare for a Pennsylvania divorce, reach out to a Jenkintown divorce lawyer by calling (215) 886-1266.

Dec 18, 2017

Should You Keep the House in Divorce?

Divorce represents a major change for you as well as your family members that are all living under one roof. When you and your partner decide to separate or officially file divorce proceedings, critical questions will arise about what you should do with the family home. Determining what to do with the family home includes a careful consideration of numerous different factors.

You may wish to receive the home as the division of property. However, as an illiquid asset, it can be difficult to receive the cash from this home. Furthermore, the memories inside the home may be difficult for you to cope with, although it may be in the best interest of the children to keep the family home stable.

The residence, which can be a home, condominium or apartment, is usually the biggest marital asset and the decision about whether or not to remain in the home is based on emotions and financial reasons. It may be difficult for you to keep this in perspective and make a beneficial and sound decision that requires you to consider every issue that you face associated with this asset. You need to start with an income and expense statement that is accurate as well as a cash flow projection.

There are three primary issues associated with your decision to stay in the house. You can choose to put the residence on the market and sell it, hold on the to the house or keep it and agree to sell it at a later date, distributing the proceeds equally.

At time neither spouse has the financial means to keep the house due to limited income and assets. Putting the house on the market for sale can create cash flow and provide an easy way to divide marital assets. If the spouses have other assets, splitting the marital assets may be easier because the value of the house equity could be offset by the spouse’s other assets.

This allocation enables one spouse to remain in the house. The question is whether or not you can afford the upkeep and payments. It is recommended you keep your housing expenses between 30% and 36% of your total income. You should have appropriate income and other sources so you can pay all of your housing costs. If you could afford to keep the house then ask yourself whether or not it makes sense financially to keep it. Often, it is more sensible to rent a home because of tax deductible expenses.

It makes economic sense to buy when compared with rent because the future appreciation of the asset and tax-deductible expenses. However, liquid securities appreciate much more quickly than real estate. Housing declines in recent years have been abundant so it may be a concern about whether or not it makes sense for you to keep the home as a desirable asset.

There may be other reasons you wish to keep the house. Divorcing couples may wish to keep some stability in the children’s lives and therefore keep the home to minimize problems for the children. Both parties may agree to do this for a defined period of time after which they will sell the home and distribute the equity based on a previous agreement.

You must consider the value of the home equity in the divorce degree. Valuing equity in a home is not easy and you can adjust the equity value today based on its current fair market value. At the expiration of such a term, the equity value will be split between two parties.

Furthermore, the equity could be set as a percentage of the future fair market value to later be allocated between the spouses. It may be concerning for you to keep the house and worry about working with your spouse later on to come to agreeable terms so therefore you may wish to instead plan to sell the house now so you do not have to deal with this issue in the future. Scheduling a consultation with a knowledgeable Jenkintown, PA divorce and family law lawyer can help you in these difficult circumstances so you have a path charted forward.

CONTACT US

At the Law Office of Joanne E. Kleiner, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.