fbpx

Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

distribution of property

Dec 19, 2025

Dividing Real Estate Through Divorce Litigation: More Than Just the Family Home

Real estate is one of the most important parts of many divorce cases. For some couples, the main focus is the family home. For others, real estate may include rental units, vacation homes, investment land, or property tied to a business. Each type of property brings its own challenges. When a divorce goes to court, these challenges must be sorted out through a clear and organized process.

Real estate is also emotional. Homes carry memories. Rental properties bring income. Investment land holds long-term goals. Because of this, disagreements about real estate are common. When spouses cannot reach an agreement, litigation becomes necessary. Courts in Pennsylvania look at many details before making a decision, and each detail affects the final outcome.

This guide explains how real estate is handled in Pennsylvania divorce litigation and why strong legal preparation matters.

Real Estate in Pennsylvania Divorce

Pennsylvania uses an equitable distribution system. This means property is divided based on what is fair, not on an automatic 50–50 split. Real estate that is bought during the marriage is usually considered marital property. It does not matter if the deed is in one name or both.

Courts look at several factors when dividing real estate, such as:

  • How long the marriage lasted
  • The income and financial needs of each spouse
  • How each spouse contributed to the property
  • Who will care for the children and where they will live
  • The cost of keeping or selling the property
  • Whether a property has debt or tax issues
  • Each spouse’s ability to maintain the property after the divorce

Because real estate is valuable and cannot be divided physically, the court must decide how the property will be sold, transferred, or awarded.

Why Real Estate Is Complicated in Divorce

Real estate comes with paperwork, financial history, and future responsibilities. Each property may also have repairs, taxes, and insurance to consider. When spouses disagree about value or responsibility, the court must step in.

Common problems include:

  • Disagreement about how much a property is worth
  • Unfinished repairs that affect value
  • Arguments about who paid for improvements
  • Emotional attachment to a home
  • Investment properties with unclear records
  • Hidden liens or unpaid taxes
  • Rental income that is not documented

These issues often require appraisers, accountants, or other experts. Litigation becomes the place where these facts are collected and reviewed.

The Marital Home

The family home is often the central point of conflict. It is the place where the family lived, raised children, and built memories. Courts must decide not only who gets the home, but also what happens to the equity, mortgage, and ongoing costs.

A court may:

  • Give the home to one spouse
  • Order the home to be sold
  • Allow one spouse to stay temporarily
  • Divide the equity through a buyout

When the couple has children, judges often try to keep the children in a stable home environment. This may mean one parent stays in the home for a period of time, even before the final decision is made.

Vacation Homes and Second Properties

Vacation homes are treated differently from marital homes because they are not essential living spaces. They also tend to cost money to maintain. Courts look at whether the property is used only for family vacations or also rented to guests.

Judges consider:

  • How much income the property brings in
  • Seasonal value changes
  • Costs of upkeep and insurance
  • Whether either spouse has a strong practical tie to the property

If the home is used as a short-term rental, the court will review financial statements to see how profitable it is. This information helps the judge decide whether the property should be sold or kept.

Rental Properties

Rental real estate can be complex because it works like a small business. The court must understand the income, expenses, and long-term value of the property. Records must be clear and complete.

Courts look at:

  • Rent received
  • Bills for repairs
  • Mortgage payments
  • Insurance and taxes
  • Maintenance and property management costs
  • Profit or loss over time

A spouse who wants to keep a rental property must show they can afford to run it. If proper records are missing, the court may request an accountant or financial expert to review the property.

Investment Land

Some couples own land that has no buildings on it. This type of property may not bring in income, but it may be valuable due to location or future development plans. Courts review:

  • Current market value
  • Zoning rules
  • Property taxes
  • Long-term potential
  • Whether the land is tied to another asset or business

Because land can be hard to sell quickly, courts consider how realistic it is for one spouse to keep it or whether a sale is more practical.

How Courts Determine Property Value

Accurate valuation is essential in every real estate dispute. Courts usually rely on professional appraisers. Each spouse may hire their own expert if they disagree on the value.

Common methods include:

  • Market appraisal
  • Comparable sales
  • Income approach for rentals
  • Cost to replace certain structures

If the experts disagree, the judge reviews each report and decides which value is more reliable.

Mortgage and Bill Responsibilities During Litigation

Divorce can take months or longer. During that time, real estate still has costs. Courts can issue temporary orders stating who must pay:

  • Mortgage payments
  • Property taxes
  • Insurance
  • Utilities
  • Emergency repairs

Both spouses may be responsible until the court makes a final decision. Missed payments can hurt both people’s credit, so temporary orders are very important.

When Properties Must Be Sold

Sometimes neither spouse wants the property or neither can afford to keep it alone. In these cases, the court may order a sale.

A court-guided sale often includes:

  • Choosing a neutral real estate agent
  • Agreeing on an asking price
  • Handling inspection or repair issues
  • Deciding how closing costs will be paid
  • Dividing net proceeds fairly

If spouses cannot work together, the court can appoint someone to manage the sale.

When One Spouse Wants to Keep a Property

A spouse may want to keep the home or rental property. In these cases, they must usually “buy out” the other spouse’s share. That means:

  • Paying the other spouse their part of the equity
  • Refinancing the mortgage into their own name
  • Taking responsibility for taxes and upkeep

Courts will not award property to a spouse who cannot afford it long-term. Fairness and financial stability play an important role in the decision.

Hidden Problems That May Affect Property Division

Real estate sometimes reveals issues during litigation that were not known before. These can include:

  • Undisclosed debts or liens
  • Unpaid taxes
  • Foundation or structural problems
  • Improper rental permits
  • Missing rental records
  • Environmental concerns

When these problems arise, the court may need more evidence or expert reports to determine a fair outcome.

Conflict and Litigation

Real estate disputes can become emotional and heated. When spouses refuse to cooperate or share information, litigation becomes necessary. Courts may use tools such as:

  • Court-ordered inspections
  • Orders to produce documents
  • Contempt findings for refusing to comply
  • Forced sales
  • Sanctions

These tools help keep the case moving and protect both parties.

Why Legal Guidance Matters

Real estate is complicated. Values change. Records may be missing. Debts may be unclear. An experienced family law attorney helps organize these details and prepares the strongest case possible.

A skilled attorney can:

  • Gather financial documents
  • Work with appraisers and accountants
  • Protect ownership rights
  • Handle negotiations
  • Prepare for court hearings
  • Explain tax and refinancing issues
  • Review long-term financial risks

Toward the end of the case, the goal is a fair, stable result that allows each spouse to move forward with clarity and security.

The Law Office of Joanne E. Kleiner represents clients in Montgomery, Bucks, and Philadelphia Counties and has more than 35 years of experience in real estate issues within divorce litigation. The firm helps clients understand their options and fight for a fair outcome. To schedule a confidential consultation, call 215-886-1266.

Mar 08

The Principle of Equitable Distribution in a Pennsylvania Divorce

The Principle of Equitable Distribution in a Pennsylvania Divorce

Common law property states are those that recognize equitable distribution, and Pennsylvania is one of them. With equitable distribution, factors like separate property are considered, and it may also make a difference which of the partners filed for divorce.

There’s a Difference Between What’s Equal and What’s Equitable

Equitable distribution doesn’t mean equal division. Unlike community property states, you’re not going to split everything straight down the middle. Rather, equitable distribution takes the circumstances of both parties into consideration in an attempt to give each person what they need.

There are only nine states in the U.S. that use community property rules, which is the alternative to equitable distribution. In these states, the property is divided as equally as possible without taking into account the amount that each party contributed throughout the marriage.

What Happens in the Process of Equitable Distribution?

With equitable distribution, the process of dividing up your marital property is handled much more delicately by the courts than with community property division. The principles of equitable distribution give weight to what each spouse needs and what kind of means they’re working with after the divorce.

One common situation that comes up with equitable distribution is when one party has ended a career so that they could remain at home and look after the kids. After their marriage has ended, there’s a good chance that they’ll have a harder time supporting themselves financially, so it’s possible that a court may find that this spouse should get a bigger portion of their marital property.

The Process May Be Collaborative or Done Through Your Attorneys

Couples who are getting divorced have the chance to work out how to divide their marital property prior to court intervention in an equitable distribution state like Pennsylvania. This is comparable to how things work in community property states. Keep in mind, though, that whatever the couple decides is still subject to approval from the court.

Sometimes, this process might be done through the spouses’ divorce lawyers. But if both parties are willing and able to work together, it may be done in a collaborative environment. In the event that the couple isn’t able to come to some form of agreement in time, a resolution may be made at the court’s discretion. However, this still must be done within the state marital property law parameters, and a divorce lawyer can provide you with more information about what that might entail.

What Are Some Considerations for Equitable Distribution?

Some of the factors that are considered in equitable distribution include how long the marriage lasted, the spouse who has primary custody of any children who are still minors, and what the financial needs of both spouses are. Courts will also factor in the liabilities that each party has, both presently and going forward. One common example of this is when one person needs to pay for schooling to get their degree in order to make enough money to live on.

Any pensions earned by either party are also taken into consideration with equitable distribution as well as how much was contributed by each of the spouses to the total of their accumulated marital property. Courts will look at things like the individuals’ health, age and special needs along with any child or spousal support obligations that either one of them has to keep up with from previous relationships.

The marital misconduct of either spouse can also come up in equitable distribution. This may encompass any behavior from extramarital affairs, domestic violence or debts that were racked up from gambling.

Of these myriad factors that come into play with equitable distribution, one element that gets excluded from the considerations is premarital property because any personal property that was acquired prior to the marriage doesn’t count towards a marital estate.

If you’re dealing with a divorce in the Jenkintown area, call the Law Office of Joanne Kleiner today at 215-886-1266, and we’ll answer any questions that you might have about marital property and equitable distribution.

Mar 04

Divorce and Social Security retirement benefits

Everything You Should Know About Divorce and Social Security Benefits

Each year, roughly 50 million people collect retirement benefits from Social Security. Since these funds are such a big part of most retirement plans, it’s worthwhile to consider them in your divorce. Understanding how divorce impacts Social Security makes it easier to create smart financial arrangements.

Can You Collect Spousal Benefits After a Divorce?

The most important thing to know is that divorce doesn’t change most of the basic Social Security rules. As long as you were married for at least 10 years and have not remarried, you can collect your Social Security spousal benefits just like you normally would. Because the funds that go into Social Security are part of your joint household effort, you are still entitled to receive the benefits after you divorce.

Just like married couples, you can collect up to 50% of the amount of Social Security your ex is eligible for. Your ex cannot keep you from withdrawing benefits based on their Social Security, and the benefits that you collect won’t affect any payments to your ex or anyone they choose to marry. However, you’ll still need to follow the typical eligibility requirements associated with Social Security withdrawals. The process can be confusing, so if you have questions about your Social Security benefits, your Pennsylvania divorce lawyer may be able to help.

Eligibility Details for Ex-spouses

If you meet the main requirement of having been married for at least 10 years and not remarrying, you’ll be able to withdraw from Social Security once a few other eligibility rules are met. First of all, your ex-spouse needs to be able to collect their Social Security funds. They don’t have to be withdrawing benefits yet, but they have to be old enough to withdraw their benefits. If your ex-spouse is eligible to withdraw benefits but has not started withdrawing them yet, you need to be divorced for at least two years.

The other key eligibility detail is that you have to be eligible for Social Security payments. This will mean you need to be at least 62 years old. Keep in mind that your payments will vary depending on how soon you start withdrawing. People who wait until the full retirement age to withdraw will get higher payments. Depending on when you choose to begin collecting benefits, you will get between 32.5% to 50% of the amount your ex gets.

Finally, it’s important to recognize that your own Social Security benefits may impact your ability to withdraw based on your ex’s Social Security. No one is eligible to withdraw two separate Social Security payments. Instead, Social Security will look at all benefits you’re eligible for and only pay you the highest amount. So if your solo benefits are higher than the spousal benefits you get through your ex, you will only get your solo Social Security benefits.

Will Social Security Affect Your Divorce?

Keep in mind that Social Security is different from most other retirement details. Unlike a 401(k), your divorce lawyer doesn’t need to negotiate Social Security withdrawals during your divorce mediation. You don’t need your ex’s permission to get Social Security, and the number of benefits you get won’t affect their withdrawals at all. The government won’t even notify them when you begin withdrawing your spousal benefits.

However, this doesn’t mean you should entirely forget about Social Security during your divorce. Pennsylvania law is all about finding a fair, equitable distribution of assets during divorce. If one spouse is entitled to more Social Security retirement benefits than the other, a 50/50 asset split isn’t always fair. This type of division could mean that one person ends up with a lot more money when they retire. In these cases, your lawyer might be able to help you reach an arrangement where you get additional assets to compensate for your lack of Social Security.

If you have any other questions about divorce and retirement benefits, Joanne Kleiner is here to help. We can assist you in negotiations or mediation and finding a solution that suits everyone’s needs. To learn more about our legal services, fill out our contact form or call us at 215-886-1266

Nov 12

Divorce and your medical practice

The Impact of a Divorce on Your Private Medical Practice

The divorce rate among all physicians is 21.8%, which is lower compared to many other occupations. Scientists theorize that physicians marry later and spend more time choosing their spouses. However, when your marriage has come to an end, and you’re a practicing physician who owns a medical practice, speaking with a divorce lawyer will help you know how to protect your reputation, finances, professional reputation and future.

Evaluation of the Medical Practice

You will have some questions to address during your initial consultation with a divorce lawyer. These relate to the evaluation of your medical practice. Your lawyer may inquire about when the practice began to determine if you had it before your marriage or started it after your wedding. You may also need to answer questions about the type of entity your practice is under IRS regulations, how you funded the practice, whether or not there are co-owners and if shares were issued, if there is a buy/sell agreement in place, and if there are future vesting or stock options that others would be entitled to if you were to stay married. Remember that your soon-to-be ex-spouse may hire a forensic accountant to dispute your accountant’s findings.

Determine the Practice’s Assets and Liabilities

As the owner of a medical practice, you will want to work with a forensic accountant to categorize its assets and liabilities, and your divorce lawyer will need this information. This will include the list of long-term patients, office equipment, the building if you own it, accounts receivable and furniture. Your medical practice’s liabilities include rental or mortgage payments, equipment payments, taxes, payroll, insurance, retirement contributions, employee benefits and loans.

Evaluation of Your Income From the Practice

Working with a forensic accountant will also help determine if you’ve been getting a fair income from your medical practice. Many physicians only take a small salary and reinvest their earnings into their practice. The accountant may evaluate your income compared to other physicians within the same field and your income compared to other physicians who work in the same specialty and have the same level of experience.

Regulations Pertaining to the Ownership of Medical Practices

According to Pennsylvania law, only a physician can own a medical practice or be a shareholder in one. Because of this, your non-physician spouse can’t be awarded any ownership interest in the practice in your divorce settlement. Therefore, while the court will consider the value of the practice when approving the settlement, ownership will not be on the table.

Contracts Between Physicians Within the Practice

Another consideration for the future of your medical practice after a divorce is the terms of the contracts you have with other physicians in the practice. Some medical practices have contract stipulations requiring that if one member gets a divorce, they forfeit their stock. This stipulation is for the protection of the other members. Some contracts might allow you to repurchase your stock after a certain period, but this could allow your ex-spouse to protest the settlement and take you back to court.

If you’re a practicing physician and a divorce is in your future, a consultation with a lawyer could help you understand how divorce could impact your medical practice. For more information about the impacts of a divorce on your medical practice, schedule a consultation with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania by calling us at (215) 886-1266. Our quick contact form also enables you to request a consultation. Complete and submit the form, and an office associate will be in touch with you.

Oct 18

How to Split the Family Home in a Divorce Without Going to Court

Ways to Fairly Divide Your Home With Your Ex

Since a home is most people’s largest asset, it’s no surprise that property disputes are one of the biggest reasons for fights during divorce proceedings. If you are not interested in a court battle, it is a good idea to be flexible and talk about your options. Here are some ideas for how you and your estranged spouse can fairly divide your family home.

Exchanging the House for Other Assets

The first thing to recognize is that it’s not technically necessary to split the house. During a divorce, you are splitting all the assets you and your partner contributed to. So if one person really loves the house and the other person doesn’t care at all, it may be worthwhile to just let that person have the house. To keep asset division fair, your divorce lawyer might suggest that the other spouse gets things like a bigger portion of a retirement fund, more of the joint savings account, or possession of other property. This solution works best in cases where couples have a lot of assets, so a house is just one of the many things to negotiate. It may not be possible if all your funds are tied up in the value of your home.

One Partner Buying Out the Other’s Share

This option is popular in a divorce where you want to split all assets down the middle, but one partner wants the house more than the other does. On the surface, it’s a simple thing that involves one person giving away some of their personal funds, while the other person gets full control of the house. The tricky part is determining the value of the house. Some people may want to get half of the full market value of the house. Others may be fine just getting half of the original cost of the house or half of what they both paid into the house over the years. When negotiating this, it may be necessary for the seller to decide whether their goal is maximum profit or just recouping a little costs and escaping the responsibilities of home ownership.

Continuing to Co-Own the House

Sometimes, either partner selling their share just doesn’t work. Often, people want to wait to sell until market conditions improve or until their kids move out of the home. Keeping your finances entangled can be a little tricky. It’s a good idea to get help from a divorce mediation practitioner who can assist you with navigating all the emotions and financial disagreements involved in co-owning a house after divorce. You will need to be able to handle things like splitting the cost of repairs and agreeing on who gets to spend time in the house. Keep in mind that you will each technically be responsible for the full cost of the mortgage, so it can make it hard to get credit for things like car purchases.

Selling the House and Splitting the Profits

Selling the house, subtracting all costs, and then dividing the profits into two equal shares is a fairly simple way of dealing with the conflict. Though actually preparing the house and selling it takes time, this agreement reduces arguments and gives each person money to start their new life. This is actually the solution the courts usually recommend if the two spouses cannot agree on who gets the house. However, going through the court takes extra time, and then you would have a rushed sale that might not net the highest cost. Therefore, agreeing to this solution can give you a little more time to find a favorable sale.

As you can see, there are a lot of creative solutions to the question of who gets the house. Having a divorce lawyer who can help you negotiate a clear and satisfying agreement can take a lot of the stress out of dividing assets in a divorce. The Law Office of Joanne Kleiner is here to assist people living in Montgomery, Bucks, and Philadelphia counties with their divorces. Call 215-886-1266 or fill out our contact form to learn more about how we might be able to help you.