Montgomery County Equitable Distribution of Property Attorneys
The divorce lawyers at Shemtob Draganosky Taylor Stein, PC are experienced in handling property distribution cases. In Pennsylvania, the court divides all marital property in an equitable manner. However, the term “equitable division” does not necessarily refer to an equal division.
Contact us to learn more about your equitable distribution rights.
Marital Property Defined
Although there are some exceptions, assets acquired during the marriage, regardless of how they are titled, are part of the marital estate and therefore subject to equitable distribution. This will include assets such as real estate, pensions, 401ks, IRAs, businesses, brokerage accounts, stock options, stocks, CDs, money market accounts, bank accounts, the cash values of life insurance, automobiles, jewelry, and personal property.
Gifts from third parties and inheritances are excluded as marital assets. However, if these gifts were used to make a joint purchase or were put into a joint home, the jointly purchased property is included as a marital asset.
At Shemtob Draganosky Taylor Stein, PC, our attorneys work to ascertain exactly what should be included and excluded from the marital estate. When appropriate, we engage experts to value businesses or real estate. Our goal is to ensure all assets are located and that the correct value is assigned to each asset.
Factors When Determining Marital Property Division
When determining an equitable division of marital property, the court considers several factors, among them are which spouse is the custodian of the minor children, which spouse is earning more money and has the ability to earn more money, and whether either has money set aside in their own name that is not marital property. The court then determines an equitable division of assets based on the specific circumstances of each case.
Contact Shemtob Draganosky Taylor Stein, PC today to learn more about marital property distribution and how we can help you.
Vigorously Representing Clients to Achieve Their Goals
Former Clients Say It Best
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"Highly experienced, client-focused and efficient service"
I appreciated David Draganosky’s informed guidance and willingness to move forward diligently, which set the stage for a favorable resolution. Your firm’s reputation for highly experienced, client-focused and efficient service is well-deserved.
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I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.- Former Client
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Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-544-3974 today!
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How long has same-sex marriage been legal in Pennsylvania?
Pennsylvania has recognized same-sex marriages since May 2014 when a U.S. federal district court judge ruled that Pennsylvania’s 1996 statutory ban on the recognition of same-sex marriage was unconstitutional. Before then, Pennsylvania prohibited same-sex marriage and refused to recognize same-sex marriages performed in other states. In June 2015 the U.S. Supreme Court ruled in Obergefell v. Hodges that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages validly performed in other jurisdictions. This significant decision legalized same-sex marriage throughout the United States.
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What Should I Do Before Contacting Your Firm?It can help to gather key documents, such as basic financial records and any existing custody paperwork, and to think about your main concerns and goals. You do not need everything perfectly organized. Our role is to help you sort through information and identify next steps during the consultation.
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Are Same-Sex Divorces Treated Differently Under Pennsylvania Law?
Pennsylvania law applies the same divorce and custody standards to same-sex and different-sex spouses. That said, the history of your relationship and parentage can raise unique questions. We pay close attention to those details and advocate for fair treatment of your family within the existing legal framework.
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