Recent Blog Posts in November 2009 |
| November 11, 2009 |
| Thank You Veterans!!! |
| Posted By L. Anthony Bompiani, Esquire |
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My grandfather was a World War II veteran, god rest his soul. I regularly think about the sacrifices that he and other vets have made for us. Take the time today to thank a veteran for all of the sacrifices they have made for us. A simple thank you goes a long way. It is the least we can do.
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| November 06, 2009 |
| What is Marital Property? |
| Posted By L. Anthony Bompiani, Esquire |
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Generally
speaking, all property acquired by either party during the marriage,
including the increase in value of any nonmarital property up to the
date of separation, 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 tenancy in common, joint tenancy, or tenancy by
the entirety.
But, as with any good American law, there are many
exceptions. Specifically, the presumption of marital property is
overcome by showing that:
1. The property was acquired in exchange for property acquired prior to marriage;
2.
The property was acquired by gift (except between spouses), bequest,
devise or descent. (Gifts between spouses are marital property.) ;
3. The property was acquired after final separation, except for property acquired in exchange for marital assets;
4. The property was excluded by a valid agreement of the parties entered into before, during, or after the marriage;
5.
A party has sold, granted, conveyed, or otherwise disposed of the
property in good faith and for value prior to the date of final
separation;
6. The property is a veteran benefit exempt from attachment, levy, or seizure;
7. The property has been mortgaged or otherwise encumbered in good faith, for value, prior to the date of final separation; or
8.
The property was received as a result of an award or settlement for a
cause of action that arose before the date of the marriage, or after
the date of final separation, regardless of when the payment was
received.
Attorney L. Anthony Bompiani handles many cases in the areas of divorce and custody disputes. Should you have any further questions regarding
divorces and the distribution of marital property, contact L. Anthony Bompiani, Esquire at (724) 925-9600.
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