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The separation of property may refer to present or future property or both and it may be total or partial separation. In the latter case, the property that was not agreed upon to be separate, shall pertain to the absolute community of the spouses.
In Pennsylvania, both spouses have a right to be in and/or on a marital property that is owned or rented jointly by the parties. Generally, courts will not evict one party from the residence if the parties appear to be residing together peacefully, albeit separately.
4 examples of separate property An inheritance given only to one person. Assets you owned before you tied the knot. Gifts given directly to you or your spouse by a third party. Money from a personal injury lawsuit paid specifically for pain and suffering.
A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouses job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.
The short answer is either party could get the house in a Pennsylvania divorce. The judge could order the parties to sell the house and split the net proceeds after the mortgage and any home equity loans are paid off.

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What is a wife entitled to in a divorce in PA? The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wifes situation and any division of property will also be determined based on other factors.
Protecting Your Money in a Divorce Hire an experienced divorce attorney. Ideally, this person will emphasize mediation or collaborative divorce over litigation. Open accounts in your name only. Sort out mortgage and rent payments. Be prepared to share retirement accounts.
In almost all cases, the only way to get a spouse off a mortgage is to refinance them off of the mortgage, says Becker. If, for some reason, the spouse keeping the house is the only one on the current mortgage, then a quitclaim deed could be executed to get the exiting spouse off of the title to the property.
All of the property acquired by a couple during marriage is considered marital property and thus subject to division during the divorce process.
The community property rules and 50/50 split are the default rules for a California divorce. That does not mean the parties are bound by those rules. Parties can sign a prenuptial agreement before the marriage that restricts which property and income do or will belong to each party.

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