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Pennsylvania Law - Can Separate Property Become Marital Property Without a Gift? If one spouse contributes separate funds to a joint bank account or a business, the court will assume that the contributed funds become marital property. Cases: Fratangelo (1987) 520 A.2d 1195, 360 Pa.Super. 487 (The court determined that the $13,000 the wife contributed to the husband's business was marital property. The wife had accumulated $13,000 in savings before the marriage. At the time of the marriage, she advanced the husband most of her savings to pay for outstanding debts on the husband's business and to establish joint accounts for the parties. The court could not trace the $13,000 because contributions to a joint account or to a spouse's business are presumed to be gifts. The court also considered the wife's contribution to have been balanced out by the husband's role in the purchase of the marital residence and the taxes paid on the home in later years. The parties were married for four and a half years.) Clapper (1982) 25 D. & C.3d 467 (The court ruled that a parcel of land given to the husband by his parents was marital property. The land had been given to the husband during the marriage. He later transferred the property to joint ownership with his wife. The court determined that this constituted a gift to the marital estate. The property had originally been given to the husband as a location for the business, which was a marital enterprise. While the husband served as manager of the company, the wife was an employee. However, in light of its origin and history, the court decided to award only 1/4 of the $25,000 land parcel to the wife. In this decision, the court took into account the substantial 50% share in the $300,000 marital estate, awarded to the wife. In addition to his share of marital property, the husband was awarded about $45,000 in separate property. At the time of the divorce the husband was earning $32,000, annually while the wife was earning $10,000. The wife had $9000 a year in expenses, while the husband had $39,000. The marriage lasted for over 35 years, and the parties were both in their fifties at the time of the divorce. The parties two children were both adults. The wife's request for alimony was denied.)
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