Going thru a divorce process in PA. Just need a second opinion. Spouses lawyer is now requesting a rental assessment on marital home that i have been living in for past 2 years. I have been maintaining the home and making improvements. I have been paying mortgage, taxes and insurance. It was his decision to move out. He lived rent free with his parents for the first year. He has been renting for the past year. His rent is half of my mortgage payment and his income is double mine. What legs does his lawyers request have to stand on?
State/Country relating to question: Pennsylvania
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. Divorce is an ugly process and I do hope that you can put this behind you, soon.Your spouse's attorney is requesting this because it is financial information on marital property. I am afraid they have the right to request to know what income you have on said marital property. Just because they do does not mean that he would get the home, or any of the income, but they may indeed request it.When making a marital property decision, the court will consider the following: A.The duration of the marriage. B.Any prior marriage of either party C.The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. D.The contribution by one party to the education, training or increased earning power of the other party. E.The opportunity of each party for future acquisitions of capital assets and income. F.The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. G.The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property H.The value of the property set apart to each party. I.The standard of living of the parties established during the marriage. J.The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective. K.Whether the party will be serving as the custodian of any dependent minor children.(Pennsylvania Consolidated Statutes - Title 23 - Sections: 3501, 3502, 3505)The Court will take improvement on the property by you under consideration.Finally, they cannot simply "request" it. The attorney either has to send a Request for Discovery or Interrogatories, or perhaps a subpoena. They cannot simply request the information. But if you refuse to give it, the attorney is likely to do one of the above to get it.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
Thank you for the information. It helped. So what your saying is they can ask and receive information....but whether they actually get it would be determined after looking at all the facts..which in my opionion will side on my favor. Thanks again.
You are quite welcome, Kim.So what your saying is they can ask and receive information....Right.But whether they actually get it would be determined after looking at all the facts..which in my opionion will side on my favor. Thanks again.If by "it" you mean the marital property, then the answer is yes.Of course, the matter is subjective and it is up to the Judge.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
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