Joint property 1spouse living in 1 state another spouse in in another state

I am in the process of moving back to Pennsylvania from North Carolina were my wife still lives. She is in the process of buying a townhouse down there in her name only. We are still married,have not filed for divorce, or legally seperated. We are taking a little time apart to see what we want in life. If I should file for divorce in PA will the townhome in NC be considered marital property, a marital asset. She is trying to get mortage in her name only. She used a check from our joint account for the down payment or to hold this home till mortgage is approved. Thank you in advance for any help in this issues.


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The answer to your question may depend upon the court.  However if you and your wife cannot sit down in the hopes of deciding who pays what bills, and who get either or both homes, then according to your state divorce law,  the court will award the property based on certain criteria.  However, you can also request that the court look at relevant matters, such as your money from the joint account was used to provide the income for the purchase of the second property.  If granted share in the property, you could be liable for 1/2 of the expenses associated with the home.  The state divorce law for the distribution of property for Pennsylvania is as follows: `
State Laws Regarding Property Distribution in PA: Since Pennsylvania is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.  In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including:                                                         1.The length of the marriage. 2.Any prior marriage of either party 3.The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. 4.The contribution by one party to the education, training or increased earning power of the other party. 5.The opportunity of each party for future acquisitions of capital assets and income. 6.The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 7.The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. 8.The value of the property set apart to each party. 9.The standard of living of the parties established during the marriage. 10.The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective. 11.Whether the party will be serving as the custodian of any dependent minor children.
Family home -The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence.
I really hope this information has helped to provide you with some clarity into the matter.  Additionally, I suggest that you seek the services of a free-consult divorce lawyer beforehand, to see how you would fair upon the action of a pending divorce.

My regards. 

Pennsylvania Divorce Laws:
http://www.divorcesource.com/info/divorcelaws/pennsylvania.shtml

 


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Thank you for the help. I reworded the question a little.I was looking more to know if it would be consideered martial property since we are not divorced or even in the process of being legally seperated. My two concerns are 1. Can I be held legally responsible if something happens to it? 2.Am I entitled to half of it if we divorce?


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