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Pennsylvania Law - May Separate Property Be Divided? Separate property may not be explicitly divided in Pennsylvania. Still, the court can reach a similar result by "taking account of" the existence of separate property when dividing the assets. Cases: Smith (1995) 653 A.2d 1259, 439 Pa.Super. 283 (The wife had received gifts and an inheritance from her parents during the 30 year marriage. The court found that the body of the inheritance, which amounted to over $700,000, was separate property. However, the court used the existence of that property to justify awarding the husband 61% of the marital estate, not 50%. The marital estate was worth approximately $1.4 million. Husband's total award was approximately 61% of 1.348 million, or approximately $822,000. The wife's share of the estate was the remainder, approximately $525,000. Adding in the wife's separate property, the wife had about $1,225,000 total after the division. The court did not treat the separate property as if it had been marital, because it left the wife with more total assets. But it did tip slightly in the husband's favor in recognition of the existence of the separate assets.)
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