2007-05-19 04:43:40 · 12 answers · asked by Angie W 1 in Politics & Government ➔ Law & Ethics
Not necessarily, under Pennsylvania law you are entitled to "equitable distribution of marital property" -- which does not include property acquired before marriage or property received as a gift from a third party (such as your parents). Equitable distribution of marital property would include all property acquired during the marriage, including pension and retirement benefits accrued during that period, land, stocks and bonds, etc.
If there is a pre-nup that was properly negotiated with full disclosure of assets and independent legal representation of both parties to the marriage, the pre-nup would govern.
2007-05-19 07:28:55 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Depends upon which state you live in.
In the "community property states" everything you both earned during the seven years is considered community property and you are each entitled to half when you divorce. Anything you each owned before the marriage and the assets thereof, you get to keep. For example, if one owned a house or inherited a house, that house is theirs. If they sold the house and bought a new house, that amount of money in the new house is theirs. The down side is do not expect any kind of alimony. The property is split and you each go on your way.
In the other states, it is different and you will have to look at each state separately. In general the court divides the property according to law, and often awards alimony to the wife as it is assumed she will need it to get started again. Check your state law.
If you signed a prenuptial agreement, provided nothing in it violates state law, then you are stuck with what is in that.
2007-05-19 09:14:23 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
This depends on where you live. Most states have community property laws which means that one day after you are married you own half of all the stuff. So yes in most states but you should check on specific laws for your state to be sure.
Pre -nups usually only cover money the person had before marriage- I am talking about the money made after the marriage by both parties. So if the woman buys a lot of the stuff he can take his half also.
2007-05-19 04:48:07 · answer #3 · answered by elaeblue 7 · 1⤊ 1⤋
Years have nothing to do with it. It's the state you live in and then if there is some divisional rules, it could be judged on the reason for the divorce.
Where time comes into play would be a common law marraige. If two people share the same home posing as a couple or husband and wife for more than seven years, than a suit can be brought for some division of property.
2007-05-19 04:56:56 · answer #4 · answered by Chazman1347 4 · 0⤊ 1⤋
Depends upon where you live. There is no set practice on this matter. There is only general rules of thumb. Most locations will say 10 years
2007-05-19 04:47:19 · answer #5 · answered by vulcan 7 · 2⤊ 0⤋
Not necessarily. It would depend on whether or not you live in a community property state. Your best option is to consult with a lawyer in your area, since divorce laws vary from state to state.
2007-05-19 07:14:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends on the state that you live in, among other things.
2007-05-19 05:01:58 · answer #7 · answered by lordkelvin 7 · 1⤊ 0⤋
don't think how many years matter, once u married, get half the money(not sure about half there stuff though) but if u signed a pre-nupt u won't be able too
2007-05-19 04:49:12 · answer #8 · answered by Structure 5 · 0⤊ 2⤋
If you live in California you are, but you are also responsible for half of the debt.
2007-05-19 04:47:53 · answer #9 · answered by mamadixie 7 · 2⤊ 0⤋
depends what state are you in. do you have a pre nup? if you broke up who's fault was it?
2007-05-19 04:46:36 · answer #10 · answered by bunnygrl43 5 · 1⤊ 0⤋