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Brian Christopher Vertz

Brian Vertz’s Answers

3 total

  • Am i liable for my fiances back taxes after we marry

    my fiance owes back taxes and i don't want to be responsible after we marry

    Brian’s Answer

    I cannot see how you could be held liable since you did not file a joint income tax return and your fiance's income taxes were incurred before you were married. Be careful, however, about acquiring property in joint names with your new spouse. The law of most states protects jointly-titled property, but you might want to keep your property and money separate to ensure that joint property is not seized to pay taxes.

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  • Is PA state a community property state, how is separate and marital property divided upon divorce in PA

    Is Pa a common property state? If not, what is the procedure in PA

    Brian’s Answer

    Pennsylvania is NOT a community property state. Pennsylvania, like the majority of states, is a "marital property" state and utilizes an "equitable distribution" procedure for dividing marital property. In general, all property acquired from the date of marriage to date of separation is "marital property," regardless of whether it is titled in the husband's name, wife's name or joint names. The major exceptions are property acquired by gift or inheritance, premarital property, and property excluded by prenuptial agreement. Keep in mind that the increase in value of premarital property, gifts and inheritance is part of the marital estate to be divided upon divorce.

    Marital property is divided by settlement or court order. If a settlement cannot be reached, the court is authorized to consider 11 subjective factors listed at section 3502 of the Divorce Code. Those factors do NOT include marital fault. Also, there is no presumption of a 50/50 division of property. It is not uncommon to have a 55/45, 60/40, or even 80/20 division of property.

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  • What happen the spouses filed for divorce separate in two different states, Ej puero rico en pennsylvania

    She lived in PR and I live in Pa before getting married

    Brian’s Answer

    When two spouses file divorce proceedings in different states, the issue is "personal jurisdiction." Does the Pennsylvania court have personal jurisdiction over your wife who resides in Puerto Rico? Does the PR court have jurisdiction over you? The answer to those questions is fact-specific. You would have to answer several other questions: How long have you been separated? How long have you lived in Pennsylvania? How long has your wife lived in Puerto Rico? Where was the last marital domicile? Do you have property or connections with PR? Does she have property or connections with PA?

    If the Pennsylvania court does not have personal jurisdiction over your wife, but does have jurisdiction over you, the Pennsylvania court can enter a "divisible divorce." This means that the Pennsylvania court can dissolve your marriage, but not divide property or award alimony. Beware! If you are divorced and those economic claims are not resolved, it is possible that you could be sued for alimony or property division anywhere that you have property or business, or anywhere that you travel, however. It is best to resolve those economic issues rather than let them linger.

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