Simply living together does not give you any rights, per se. So if someone in your situation was to go to Court about this, the Judge would likely rule: (a) the home in PA belongs to him, (b) the home in FL would have to be partitioned and either sold and profits split, or, one of the parties bought out, and, (c) whatever items were purchased together would be split equally between the parties unless they were presents from one party to another. Simply living together is not enough to get any rights, including sweat equity in cleaning/picking out furniture.
Palimony exists only in CA for long term couples. This does not apply here.
However, PA recognizes common law marriages in PA that began prior to 2005. So what someone in your situation wants to do is to possibly claim a common law marriage and initiate divorce. To prove a common law marriage, one would have to show that the couple:
-lived together prior to 2005;
-acted like husband and wife and thought themselves as such; and
-presented themselves to others as such.
Commingling of assets really helps this.
If this happens, then anything acquired after the marriage is divided under marital law, meaning equitably but not necessarily 50/50. This includes income and pension. Also, the Court can order alimony, based on the following subjective factors:
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power of the other party.
(7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
(8) The standard of living of the parties established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).
(15) The Federal, State and local tax ramifications of the alimony award.
(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.
(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.
Ergo, by claiming common law marriage and initiating divorce based on this, one may be able to receive alimony and other divorce relief.
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