Division of Property in Pennsylvania

Pennsylvania is an equitable distribution state.  Upon request of either party in an action for divorce, the court shall equitably and fairly divide, distribute or assign the marital property between the parties, without regard to marital misconduct, in such percentages and in such manner as the court deems fair after consideration of all factors.

Marital property refers to all property acquired by either spouse during the marriage and the increase in value of any non-marital property acquired prior to marriage.

All real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership, such as joint tenancy, tenancy in common, or tenancy by the entirety.

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