Divorce Tips Lawyer | Jenkintown Divorce Lawyer
Trying to move out quickly and determine the best path forward for your family after deciding to get divorced is never easy. But what happens if a spouse whom you intend to divorce wants to stay in the family home at least for a certain period of time? The other party may be curious about whether or not they can charge rent to such a person and there are unique considerations that should all be evaluated by a divorce attorney in Pennsylvania if you have questions about this.
In certain situations, you may be eligible to charge rent to a person who intends to stay in the family home. The spouse that had to leave the home as the divorce proceeds may find themselves paying for the house even though they don’t live there anymore. This is why Pennsylvania courts have generally given credit for the fair rental value of marital property to the spouse that had to move against the spouse in possession during equitable distribution if the property is held jointly. The spouse in marital home must pay rent for the time he or she lives there exclusively.
Rental credits could be awarded is limited to the amount that the dispossessed person had a financial or personal interest in that same property. In one recent case, a wife that used premarital fund had to refinance her marital property to undermine the husband’s interest. A factor that determines credit applied to someone is the period of time that a spouse was out of the home and the time that the other spouse lived exclusively on the property.
Another critical factor of this determination is whether or not the party could rightfully be in the home. In some cases, one spouse has been banned from the home due to a court order and that person cannot receive credit for rent. This is based on circumstances and one that should be presented to your Pennsylvania divorce attorney early on in your case to learn more about how to protect yourself.
With many complex issues involved in the dissolution of the marriage, the particularly contentious one of division of property and who maintains the marital home can lead to further legal battles if you’re not careful. Thankfully hiring an experienced Pennsylvania divorce attorney can help you with the support you will need going forward as you deal with one of the most troubling and difficult times of your life.
A Jenkintown divorce attorney is an important asset to keep at your side for the duration of such a legal case because he or she can help you navigate obstacles and learn more about how to protect yourself and avoid common missteps. You need someone you can trust with such a confidential and emotional issue when determining to get a Pennsylvania divorce in Jenkintown or elsewhere in PA. Do not hesitate to hire a lawyer who is knowledgeable about the technical aspects of the law and one who makes you feel confident in the handling of your claim.
The most common reasons to consider this situation are that the other spouse has not had an opportunity to find housing yet and because you might want to make things seemingly more stable for the children rather than establishing separate households yet. While these are worthwhile issues to evaluate, make sure you see all aspects of keeping the spouse in the same house.
Another time when a rent situation may emerge is if the spouses own the house together and one moves out, but the other remains. Who pays the mortgage and picks up the bills can generate uncomfortable conversations if you don’t have a plan in mind.
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.
Leave a Comment