Sheryl R. Rentz Explains the Difference between Community and Separate Property in a Divorce

By Sheryl Rentz on May 3, 2012

Throughout the divorce process, a number of issues are sure to arise that need to be resolved before the final divorce settlement agreement is signed, such as spousal support or child custody. Family law attorney Sheryl R. Rentz has extensive experience aiding divorcing couples and understands the importance of efficiently handling any and all divorce-related issues with skill and compassion. One of the primary issues in a divorce is the division of property, and there are two different types of property for twosomes to be aware of and understand: community property and separate property. The following is essential information on each.

Community Property

An essential matter in a divorce is how to split up community property assets, which are everything that spouses own together. Pennsylvania is not a community property state, however, which means as an equitable distribution state all property acquired during the marriage, regardless of whose name it is in, is part of the marital estate and is subject to equitable distribution in a divorce. To fairly divide the assets, the court takes into consideration several different factors.

Separate Property

Separate property is everything spouses owned separately, which does not need to be divided between the pair. Separate property typically includes anything owned prior to marriage, anything a spouse earns after the separation, or anything inherited or received as a gift during the marriage. This type of property can sometimes be mixed up with community property, so it is important to be able to provide documentation or other supporting paperwork showing it is yours.

Understanding the complexities of the different divorce-related legal matters, such as property division, can be difficult and frustrating without the help of a knowledgeable Pennsylvania property division attorney. Sheryl R. Rentz has a wealth of experience in family law and will help you throughout the entire divorce process, ensuring your lawful rights are protected and answering any questions along the way. For a complimentary consultation, please call (866) 290-9292.