During a divorce proceeding, it is not uncommon for one of the parties to seek interim relief—a court order that is temporary in nature but protect certain types of property. In many cases, spouses file petitions for interim relief to resolve possible financial disputes relating to marital property.
When spouses want to divide a specific asset or property before the parties have agreed to final terms of distribution, one spouse may file a petition for interim partial distribution. A court order for partial distribution allows a spouse to access marital property, but selling shared property without the consent of the other party and the court can have serious consequences.
Divorce Lawyer for Partial Distribution in West Chester, PA
Do you need assistance accessing a certain asset in your divorce while dividing marital property? You should immediately contact Ciccarelli Law Offices for help protecting your rights.
Our divorce attorneys in West Chester represent clients during division of assets in Montgomery County, Lancaster County, Delaware County, Chester County, and the greater Philadelphia area. You can have our lawyers provide a complete evaluation of your case when you call (877) 529-2422 to schedule a free initial consultation.
Overview of Partial Distribution in Pennsylvania
- Which kinds of property must spouses claim when submitting inventory lists to the court?
- How is partial distribution handled?
- Where can I find more information about partial distribution in West Chester?
Under Pennsylvania Consolidated Statute § 3505(b), both parties in a divorce are required to submit to the court an inventory and appraisement that contains all of the following:
- A list of the property owned or possessed by either or both of them as of the date of separation and 30 days prior to the date of hearing on equitable distribution;
- A list of the value of the property owned or possessed by either or both of them as of the date of acquisition, the date of separation, and 30 days prior to the date of hearing on equitable distribution; and
- A list of the liabilities of either or both of them as of 30 days prior to the date of hearing on equitable distribution, whether or not the liabilities are related to the property set forth in the inventory and appraisement.
Moreover, according to Statue 6 3505(d), if a party omits assets with a fair market value of $1,000 or more, the aggrieved party may request that the Commonwealth place the asset in a constructive trust for the benefit of the parties an their children.
Under Pennsylvania Consolidated Statute § 3502(f), a court can, upon the request of either party, at any stage of the proceedings enter an order providing for an interim partial distribution or assignment of marital property.
A court will issue an interim order identifying, valuing, and setting apart the marital and nonmarital assets and liabilities to provide for a partial distribution of the assets and liabilities if the court finds good cause that there should be an interim partial distribution during the pendency of a divorce action.
A person can seek partial distribution when he or she is concerned about not having access certain marital property or funds while such property or funds are in dispute. Partial distribution requests may involve time-sensitive issues, but the kinds of assets involved and the potential litigation involved in a case are also factors that a court might consider when considering an interim partial distribution or assignment of marital property.
Spouses cannot sell property or use it in any unauthorized manner while distribution is still being determined. A court can void transactions or issue injunctions to prevent dissipation of property when a spouse does not have legal ownership of the assets. Selling assets without court approval can result in a person possibly facing criminal charges for contempt of court or perjury.
Title 23 Pennsylvania Consolidated Statute § 3502 | Equitable division of marital property — State law governing partial distribution can be found under paragraph (f) of this statute. You can also learn about general rules, liens, and family homes. Additional paragraphs cover life insurance and the powers of the court.
Schultz v. Schultz, 70. A.3d 826, 828 (Pa.Super. 2013) — A wife filed a motion seeking to hold her husband in contempt for violating a May 3, 2011 order that prohibited either party from withdrawing, transferring, dissipating, concealing, selling, removing, encumbering, and/or disposing of any of the parties’ marital artwork, among other provisions. The trial court issued an order on March 8, 2012, denying the motion for contempt, permitting the husband to withdraw $100,000 from Bank of America accounts, and freezing the marital accounts after the husband’s $100,000 withdrawal. The wife appealed the portion of the March 8 order that permitted the husband to withdraw $100,000 from the Bank of America accounts as an advance in equitable distribution, but the Superior Court quoted Section 3502(f) of the Domestic Relations Code and wrote that “absent a final equitable distribution order, issues of equitable distribution are not properly raised on appeal.”
Ciccarelli Law Offices | West Chester Partial Distribution Attorney
If you need access to marital property or funds during your divorce proceeding, make sure that you have legal representation before conducting any transactions involving your assets. Ciccarelli Law Offices handles all kinds of family law issues and has office locations in King of Prussia, Lancaster, Kennett Square, Radnor, Plymouth Square, Springfield, Malvern, and Philadelphia.
Our West Chester divorce lawyers will work as a team to help you achieve the most favorable possible resolution to your case.
Call (877) 529-2422 or fill out an online contact form to have our attorneys review your case and help you understand all of your legal options a free, confidential consultation.