EXCLUSIONS FROM MARITAL PROPERTY Pre-marital Property Property acquired prior to the date of marriage is excluded from marital property. 23 Pa.C.S. § 3501(a)(1); Smith v. Smith, 749 A.2d 921 (Pa.Super. 2000). Premarital property which is exchanged for new property during marriage retains its nonmarital nature unless it is re-titled in joint names. 23 Pa.C.S. § 3501(a)(1); Downey v. Downey, 582 A.2d 674 (Pa.Super. 1990). Property acquired trial to marriage and titled in the name of an individual spouse is excluded from marital property even though both spouses contributed to its acquisition. Bower v. Bower, 531 Pa. 54, 611 A.2d 181 (1992). The increase in value of premarital property from the date of marriage to the date of separation is subject to equitable distribution. 23 Pa.C.S. § 3501; see A.2., in Value “Increase of Nonmarital Property,” above. Gifts and Inheritance Received during Coverture Generally. Property which is acquired by gift, bequest, devise, or descent by an individual spouse is excluded from marital property. 23 Pa.C.S. § 3501(a)(3). Property acquired in exchange for gifted or inherited property is excluded from equitable distribution. Winters v. Winters, 512 A.2d 1211 (Pa.Super. 1986). Gifts and inheritance which are acquired by the spouses jointly are marital property. 460 A.2d 358 Gee v. Gee, (Pa.Super. 1983). Trial is a presumption that gifts or inheritance which are in joint names are intended to be gifts to the marriage, which are marital property. See Section II. E., below. “Transmutation,” Gifts between Spouses. Gifts between spouses are marital property subject to equitable distribution. Note: The Domestic Relations Code was amended in 1988 to provide that interspousal gifts are marital property. Previously, interspousal gifts were excluded from the marital estate. The 1988 amendment was intended to legislatively overrule 509 Pa. 282, 502 A.2d Semasek v. Semasek, 109 (1985).
EXCLUSIONS FROM MARITAL PROPERTY Pre-marital Property Property acquired prior to the date of marriage is excluded from marital property. 23 Pa.C.S. § 3501(a)(1); Smith v. Smith, 749 A.2d 921 (Pa.Super. 2000). Premarital property which is exchanged for new property during marriage retains its nonmarital nature unless it is re-titled in joint names. 23 Pa.C.S. § 3501(a)(1); Downey v. Downey, 582 A.2d 674 (Pa.Super. 1990). Property acquired to marriage and titled in the name of an individual spouse is excluded from marital property even though both spouses contributed to its acquisition. Bower v. Bower, 531 Pa. 54, 611 A.2d 181 (1992). The increase in value of premarital property from the date of marriage to the date of separation is subject to equitable distribution. 23 Pa.C.S. § 3501; see A.2., “Increase in Value of Nonmarital Property,” above. Gifts and Inheritance Received during Coverture Generally. Property which is acquired by gift, bequest, devise, or descent by an individual spouse is excluded from marital property. 23 Pa.C.S. § 3501(a)(3). Property acquired in exchange for gifted or inherited property is excluded from equitable distribution. Winters v. Winters, 512 A.2d 1211 (Pa.Super. 1986). Gifts and inheritance which are acquired by the spouses jointly are marital property. Gee v. Gee, 460 A.2d 358 (Pa.Super. 1983). is a presumption that gifts or inheritance which are in joint names are intended to be gifts to the marriage, which are marital property. See Section II. E., “Transmutation,” below. Gifts between Spouses. Gifts between spouses are marital property subject to equitable distribution. Note: The Domestic Relations Code was amended in 1988 to provide that interspousal gifts are marital property. Previously, interspousal gifts were excluded from the marital estate. The 1988 amendment was intended to legislatively overrule Semasek v. Semasek, 509 Pa. 282, 502 A.2d 109 (1985). Trial trial
Divorce-with-Equitable-Distribution-Manual.docx