Is my wife entitled to property I owned before we got married now that we are divorcing?
Full Question:
Answer:
Pennsylvania is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The trial court's discretion will not be disturbed on appeal without a showing of clear abuse, and the court has wide discretion in making an equitable distribution.
Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage. The frequency of use may be considered by the court in making the decision.