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Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1401
Experience:  Family Law Attorney in Private Law Firm
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I’m split with my wife of 3 years but separated 1 year. I

Customer Question

I’m split with my wife of 3 years but separated 1 year. I pay her child and spousal support. We have lived together for 13 years in a house in her name. She has not worked since 2012 and I’ve pretty much paid for all bills. She recently sold our house which was in her name but I still signed few papers. She was given a check for $27,800 from the equity in house. She is telling me I’m not entitled to any of it because it was in her name. She said we are still married and therefore we don’t split it it’s all hers. I asked her for 30% of it and thought that was fair. I haven’t gone lawyer route as I don’t wanna waste money as she gets $1650 per month from me now. I’m I entitled to any of the house closing?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not filed for divorce. I’m about to get it filed so I don’t. We’d to pay spousal anymore
JA: Family law varies by state. What state are you in?
Customer: Pennsylvania
JA: Anything else you want the lawyer to know before I connect you?
Customer: That’s about the basics
Submitted: 7 months ago.
Category: Family Law
Expert:  Sean K replied 7 months ago.

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

In looking over your information, as Pennsylvania is what is known as an Equitable Division state, meaning a fair division of marital property, I believe that you do have an equitable interest in the proceeds of the house. There is no requirement that your name be on the deed to invoke this right. If you were together as long as you were and particularly given that you paid the bills, that I will understand included the mortgage, I believe that you have an interest in the home. I would be a bit hesitant to say you would be entitled to 50% (understand that you could be but would not guarantee it), but I believe that 30% is absolutely under the information you have provided a very fair and equitable offer.

The question is where do you go next? Is the child support and alimony paid pursuant to an order or just an agreement between the two of you? Also, I believe that the next thing would be to tell her that you need some of the proceeds and if not you may have to take further steps. There are not court options such as mediation, but I believe you have to make the decision as to whether you pursue this or walk away - and if you walk away, I think you will be leaving money to which you are entitled on the table.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.