Equitable Distribution

Wife Cannot Delay Payment to Husband of His Share of Marital Home Until the Sale of the Marital Residence or Death

In the appellate equitable distribution case of Dean v. Dean PICS No. 14-1304 (Pa. Super. Aug. 13, 2014), the Honorable David N. Wecht,  writing on behalf of The Pennsylvania Superior Court ruled that the trial court erred in permitting wife to delay husband’s payment until the sale of the marital residence or her death, as it did not achieve economic justice for husband, and could have led to husband never receiving his share of the marital estate. The court found that the record established that wife did not completely lack the financial resources to make a lump-sum payment or installment payments to husband, which the trial court should have directed wife to choose from.

Reference: Digest of Recent Opinions, Pennsylvania Law Weekly, 37 PLW 811 (August 26, 2014)

Filed Under: Family Law, Divorce; Equitable Distribution

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