Category: Marital Property

Corporate Successor Not Marital Property Following Post-Sep Business Failure

There is often suspicion when a business that would be marital property fails shortly after marital separation, particularly if the owner spouse subsequently starts a new business.  This is the situation that the Superior Court addressed in its recent opinion, Weisman v. Weisman, Nos. 1471 EDA 2014 (July 14, 2015), a non-precedential decision. Husband was the founder of PRN Healthcare Services, a company that provided skilled and non-skilled nursing care in Montgomery […]

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Emotional Connection Does Not Guarantee Award of Marital Residence

According to the old saying, “possession is nine-tenths of the law.” Perhaps that’s true in some context, but in a Pennsylvania divorce decision that was recently published by the Superior Court, possession of a marital home during separation did not dictate the outcome.  In Markle v. Markle, No. 968 WDA 2014 (June 22, 2015)(non-precedential), the marital home was occupied by the wife during the separation period.  During the master’s hearing on […]

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Marital Settlement Agreement Contains Implied Obligations

October 01, 2013 | Court Decisions, Divorce, Marital Property, Settlement

Icon for author Brian Vertz Brian Vertz

In an unpublished decision, the Superior Court has considered the plight of a spouse who entered into a marital settlement agreement thinking that her husband would pursue a gas/oil lease, from which she was entitled to receive a share of the royalties. The Jenkins v. Jenkins decision (No. 1025 WDA 2012, September 26, 2013) arose from a Fayette county case, in which the wife sued the husband for breach of […]

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Concealed Oil and Gas Rights Are Marital Property Subject to Equitable Distribution

A recent unpublished decision of the Superior Court of Pennsylvania confirms that oil and gas rights, not disclosed in the discovery or inventories of the divorcing spouses, nevertheless must be considered when dividing marital property in equitable distribution. In Welsh v. Welsh, No. 237 WDA 2012 (June 19, 2013), the Superior Court affirmed the decision of the Washington County judge. In that case, husband and wife filed inventories in which […]

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