Traditionally, American couples got married, lived together, and when they had enough money, they bought a house. However, the country is constantly changing. Now fewer couples are getting married, but people still want to buy a home. If you and your partner plan to purchase one without getting married and want legal protection if the relationship ends, a cohabitation agreement is worth considering. We have helped many couples in the Greater Philadelphia area put together cohabitation agreements.
Fewer Marriages, More Demand for Houses
Marriage rates have generally declined from 1982 to 2009, according to the federal Centers for Disease Control and Prevention (CDC). They stabilized from 2009 to 2017 but dropped again during the COVID-19 pandemic.
Meanwhile, people are eager to buy houses. The inventory of houses for sale can’t keep up with demand and prices are moving skyward. The median house price in Bucks County in February 2018 was $277,250. Four years later it’s up to $400,000, according to Redfin. Currently, the average time a Bucks County house is on the market is three weeks.
State Statutes Cover Married Homeowners. Contracts Can Cover Homeowners Who are Not Married
Under Pennsylvania statutory law, if you’re married, buy a house, then divorce, your marital assets and debts are divided. If you’re not married, you can use contract law, through a cohabitation agreement, to do the same whether you’re of the same or opposite sexes. Without marriage, there aren’t statutes you can rely upon to fairly resolve shared housing issues if the relationship ends.
Such an agreement can include many things, but topics that could be covered include:
- Assets like real estate, bank accounts, and vehicles
- Debts such as the mortgage, car loans, student loans, and credit card debts
- How housing-related bills and obligations will be paid
- What will happen if one or both of you become unemployed or too disabled to work
- Whether each party will obtain life insurance with the other party as a beneficiary so their share of the mortgage can be paid if they die unexpectedly
- How the home is titled
- How the home and property (including household goods and furnishings) will be split if the relationship ends
- What happens if a party breaches the agreement
What’s in a cohabitation agreement is up to the parties, but an experienced attorney can suggest language that’s needed to protect your interests.
An Oral Agreement May be Valid, But Proving It May Be Difficult
If the two of you make a verbal agreement on splitting mortgage payments, taxes, insurance, and maintenance, it may or may not be legally binding. More importantly, it’s generally much more difficult to prove one was made and, if so, its terms. You may claim the two of you agreed. Your partner may deny it. Without further proof, your claim will go nowhere.
A written agreement is literally on paper, in black and white, signed by both parties, with the terms spelled out. One party could claim it’s invalid (because you engaged in fraud to induce them to agree to it or because performing the contract is impossible), but when both parties are represented by attorneys and the agreement is negotiated in good faith, establishing that should be very difficult.
A Cohabitation Agreement May Only Be the Beginning
If you share not only a house but have children together too, you should also have child custody and support agreements even if you’re on “good terms” on these issues. Situations change, so it’s best to work these issues out now in case the relationship ends in the future and the parties become angry and emotional.
Get the Help You Need From an Attorney You Can Trust
If you have questions about a cohabitation agreement or want help putting one together, use our online calendar to schedule a free consultation or call us at (215) 752-6200.
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Time for a Digital Lockdown
Blog, DivorceSmart devices and social media are integral parts of our lives. But they can cause problems if you’re getting a divorce or preparing for one. The biggest issues are making damaging statements on social media and losing your privacy on your smartphone, laptop, or computer. It may be best to put your hands up and step away from your smartphone.
Your Spouse the Casual Snooper
Your smartphone may be how you make phone calls and view and send emails and texts related to your divorce. If you’re still living together, your spouse may look through your smartphone to see who you’re calling and who’s calling you. Your spouse may also read your texts and emails.
You should make your devices as secure as possible. Change the password on your phone, shut off notifications, and delete unnecessary apps. Cancel accounts you own jointly, like Netflix or Apple.
All remaining accounts and apps should have two-step authentication. If someone tries to access the account or change a password, you should get an email or text confirming that you’re the one taking the action. If you weren’t, don’t permit the change to happen.
You should also go “old school” to protect your privacy by getting a post office box. If someone mails something divorce-related to you, your spouse won’t have access to it.
Spyware and What You Can Do About It
Changing passwords will make devices hard to use if your spouse is physically looking at your device when the opportunity arises. But if your spouse is knowledgeable and under-handed enough, your spouse may install illegal spyware, which may render your security efforts useless.
Spyware is hidden software that secretly records information and tracks your activities. It may monitor and copy everything you enter, store, upload, and download. It also may be sophisticated enough to track your location and, without you being aware, turn on a device’s camera and microphone so your spouse can spy on you in real-time.
Instead of trying to find and delete spyware, you could use your devices for everything other than divorce-related matters but buy a “burner” phone or laptop. You pre-pay for time using a “burner” phone, then dispose of it when you’re done. If possible, keep it secret, locked away when you’re not using it, and password protected. You could do the same with an inexpensive Chromebook which you can use for emails and internet research.
Social Media is Not Your Friend
You need support from friends and family to get through a divorce. Just don’t use social media to discuss it with them. Talk on the phone or in person. Anything you post on social media could be evidence that may be used against you. Complain about your spouse and the divorce process all you want, but not in a way that could damage your case.
If you’re disciplined enough, maintain your accounts and post about things unrelated to your spouse and divorce. If you’re someone who blows off steam online, stop using social media to avoid the temptation.
Get the Help You Need From a Lawyer You Can Trust
If you want help with preparing for a divorce, have questions about the process, or need legal representation, use our online calendar to schedule a free consultation or call us at (215) 752-6200.
What You Risk With a Do-It-Yourself Divorce
Blog, DivorceLegal representation in a divorce costs money. But it’s an investment that helps you prevent serious problems that you may encounter during and after your DIY divorce. A lawyer can save you time, energy, stress, and in the long run, money, by avoiding mistakes that you’ll make representing yourself. We help couples here in Bucks and Montgomery Counties efficiently negotiate their divorce to save money on legal bills while still providing all the protection necessary.
The more you have going on in your life, the more you risk in a DIY divorce. You may make it through the process alone, but you can’t go back for a do-over if serious problems arise after your divorce is final. If you agreed to something or an issue is decided by a judge, it might be impossible to change.
Ignorance is Not Bliss
Are you ready for these issues?
The time to learn about divorce, the law, and court procedures is not while representing yourself in your divorce. Mistakes can be costly.
Your Life is Already Stressful. Do You Want to Add to It?
It’s very stressful if you file legal documents and they’re rejected by the court clerk or a judge denies your motion. You may or may not be able to try again. Your spouse (or maybe worse, their attorney) may become very demanding and put you under a lot of pressure to agree to something that’s against your interests. How will you respond?
Benefits of legal representation include the fact that we will handle the details, map out the strategy, execute our plan, make adjustments as needed, and deal with your spouse, their attorney, and the court system.
Karen Ann Ulmer, PC, will save you time you don’t have to spare and prevent stress you don’t want. We also have knowledge and experience that you lack. We will zealously defend your rights and protect your interests during negotiations and in court so you won’t have to.
Get the Help You Need From an Attorney You Can Trust
If you have questions about divorce or want representation, use our online calendar to schedule a free consultation or call us at (215) 752-6200.
How Do I Use a Prenup If I Divorce?
Blog, DivorceA prenuptial agreement, if properly executed, can make a divorce much simpler, so the process consumes less time, energy, and money. If you plan on getting married, it’s something worth considering. Here in Bucks and Montgomery Counties, we make sure that you have an airtight prenup when you get married and also skillfully use your prenuptial agreement should you get divorced.
What is a Prenuptial Agreement?
A prenuptial agreement, or a premarital contract or “prenup,” is a contract between two people planning to marry. It’s a written, signed document containing mutual promises. It goes into effect when the two marry. The parties release their rights when they divorce, or one dies.
It can cover who pays what expenses during the marriage and what will happen if there’s a divorce:
Who will get what kind of child custody and who will pay how much child support are not topics in a prenup. Those agreements will be part of your divorce agreement.
What Makes a Prenup Valid?
To be enforceable, the agreement must be:
Both parties need to have attorneys help them put the agreement together and review it. This is a significant component in ensuring that the prenup is enforceable.
Can a Prenup Be Disputed?
A prenup can be challenged if a party can make a good faith argument that it isn’t enforceable. A court should uphold the prenup unless there’s clear and convincing evidence showing legal requirements weren’t met. A prenup may have been very fair when it was written but due to a change of circumstances, one party is going to now be left destitute. That will not be allowed.
What are Potential Complications?
When a marriage starts, both parties make assumptions based on what they want to do or what they think will happen. But life is complicated:
Prenups should account for many possibilities, not just what the couple plans to do. If they encounter financial challenges that aren’t covered, it can cause conflicts during the divorce.
Get Help With a Prenup From an Attorney You Can Trust
If you have questions about prenups, want help creating one, or feel the one you signed shouldn’t be enforced, use our online calendar to schedule a free consultation or call us at (215) 752-6200.
I’m Buying a House With My Partner. How Do I Protect Myself?
BlogTraditionally, American couples got married, lived together, and when they had enough money, they bought a house. However, the country is constantly changing. Now fewer couples are getting married, but people still want to buy a home. If you and your partner plan to purchase one without getting married and want legal protection if the relationship ends, a cohabitation agreement is worth considering. We have helped many couples in the Greater Philadelphia area put together cohabitation agreements.
Fewer Marriages, More Demand for Houses
Marriage rates have generally declined from 1982 to 2009, according to the federal Centers for Disease Control and Prevention (CDC). They stabilized from 2009 to 2017 but dropped again during the COVID-19 pandemic.
Meanwhile, people are eager to buy houses. The inventory of houses for sale can’t keep up with demand and prices are moving skyward. The median house price in Bucks County in February 2018 was $277,250. Four years later it’s up to $400,000, according to Redfin. Currently, the average time a Bucks County house is on the market is three weeks.
State Statutes Cover Married Homeowners. Contracts Can Cover Homeowners Who are Not Married
Under Pennsylvania statutory law, if you’re married, buy a house, then divorce, your marital assets and debts are divided. If you’re not married, you can use contract law, through a cohabitation agreement, to do the same whether you’re of the same or opposite sexes. Without marriage, there aren’t statutes you can rely upon to fairly resolve shared housing issues if the relationship ends.
Such an agreement can include many things, but topics that could be covered include:
What’s in a cohabitation agreement is up to the parties, but an experienced attorney can suggest language that’s needed to protect your interests.
An Oral Agreement May be Valid, But Proving It May Be Difficult
If the two of you make a verbal agreement on splitting mortgage payments, taxes, insurance, and maintenance, it may or may not be legally binding. More importantly, it’s generally much more difficult to prove one was made and, if so, its terms. You may claim the two of you agreed. Your partner may deny it. Without further proof, your claim will go nowhere.
A written agreement is literally on paper, in black and white, signed by both parties, with the terms spelled out. One party could claim it’s invalid (because you engaged in fraud to induce them to agree to it or because performing the contract is impossible), but when both parties are represented by attorneys and the agreement is negotiated in good faith, establishing that should be very difficult.
A Cohabitation Agreement May Only Be the Beginning
If you share not only a house but have children together too, you should also have child custody and support agreements even if you’re on “good terms” on these issues. Situations change, so it’s best to work these issues out now in case the relationship ends in the future and the parties become angry and emotional.
Get the Help You Need From an Attorney You Can Trust
If you have questions about a cohabitation agreement or want help putting one together, use our online calendar to schedule a free consultation or call us at (215) 752-6200.
Your Pennsylvania Divorce: Who Gets the House?
DivorceMaking the decision to get a divorce is difficult, inciting many stresses and uncertainties. It may be challenging to envision what a life without your relationship, your routine, and your home might look like. But the fact of the matter is that you may walk away from your divorce without ownership of some of your most valued assets, like your house. That’s why it’s important to know your rights and enlist the help of a divorce attorney who can guide you through the process as you divide assets between you and your spouse.
In order to move on after divorce, you and your spouse must reach an agreement on which of you will keep the house, and which of you will move elsewhere. To ensure you’re receiving all that you deserve and making the best decisions for you and your family’s future, we’ve come up with a guide to help you navigate how to decide who gets the house in your Pennsylvania divorce.
Analyze Your Assets
An important concept to understand as you navigate divorce is your assets. An asset is anything that holds real value. There are many types of divorce assets, including:
Any items acquired over the duration of your marriage could be considered assets, and the list can become long and complex. In this article, we’ll focus on the house as an asset, as it’s often one of the most significant deliberations amongst divorce mediations.
Assess Ownership
The first step in the process is to figure out who owns the house. Is the house marital property or separate property? If the house was purchased before marriage, it’s considered separate property, and that spouse may have rights to keep the house. However, if both spouses have a history of making mortgage payments (assets are commingled), both spouses have rights to ownership post-divorce. If the house was purchased during marriage, it’s marital property, which makes splitting things a bit simpler. Knowing this information will help you understand the possible next steps.
Discuss With Your Spouse
As you follow the steps for divorce in Pennsylvania, have a discussion with your spouse. Each partner should express what their goals are regarding where to live after divorce. Should you want to keep the house and your partner does not, or vice versa, you may be able to come to an agreement or a buyout without the help of an attorney. If you both want to keep the house and are unable to agree on how to go about it, the court will analyze your situation and come to a decision for you both. Think deeply about your emotional attachment to the house before you take it to the court, as this will require a lot of time and money. That said, the harder you work as a couple to sort through this, the smoother the separation process will go.
Determine What You Can Afford
Whether you hope to keep the house or find alternative housing, you need to take a deep dive into your finances to determine the most affordable option. Your emotional attachment to the house may leave you fighting to keep it, however, your new single income may not be sufficient for staying, especially with children. Consider your individual income, child support payments, and credit health in order to decide whether or not you can afford to keep the house, or if you can afford to buy one of your own. Buying a house on a single income will likely shrink your selection of available homes compared to your combined income. Apply for a mortgage preapproval to see how much house you can afford and compare it to prices of homes in your desired area to determine if buying a home, keeping your existing one, or renting is a viable option.
Understand the Court’s Decision-Making Process
Should you decide to put your fate in the court’s hands, it’s important to know what’s taken into consideration when designating ownership. The court will take a look at each spouse’s financial situation and consider any children the couple have, along with their custody plans. Also, know that the court will always rule in the best interest of the children. If you don’t have children, the court can rule a buyout as the best option, or order that the house be sold, splitting the profits evenly between the couple. To split accurately, the court will also consider the amount paid toward the mortgage if the house is considered separate property.
It can be difficult to navigate how to handle your house during a divorce, but with the help of a reliable attorney, you can come out the other side of divorce happier than ever. Contact Karen A. Ulmer, P.C. for additional guidance centered around family law, custody agreements, and all things divorce.
Money Issues – Before, During, and After Divorce
Blog, DivorceMoney is one of the most common causes of divorce. Some studies show it as the number one cause. When a couple has different values regarding money, or when one or both partners make poor choices with their money, serious marital stress results, and this stress can flow into the divorce process and continue to be a problem after divorce.
Before divorce
Not surprisingly, most couples who divorce over money issues do not keep a budget. When there is no clear understanding of how much money is coming in and where it is going, there will be more disagreements. Overspending and credit card debt are major issues in divorce, often because one spouse spends more than the other. This is because the partners have different views about money.
This often leads to “financial infidelity” – keeping secrets from the other partner about how money was spent or on what, which naturally causes arguments and resentment when the secrets are discovered.
Financial infidelity is much more common when couples keep separate finances. Couples who keep joint finances are less likely to divorce over money and are also less likely to experience financial cheating. Couples with separate finances often know little about each other’s financial choices, often not even knowing their partner’s salary.
Spouses might keep separate accounts so they can have control over their “own” money. If they have different views about the use of money, a spouse might keep a separate account just to keep the other partner from “wasting” his or her “own” money. The problem with this view is that in marriage and in divorce, money is communal. It affects the whole household and is meant to support the whole household. Thus, hiding financial information from a spouse can cause serious distrust and strain on the relationship.
During divorce
If you fought about money while you were married, this will certainly spill into the divorce. That is why it is so important to have a divorce lawyer act as an experienced third party who can help you navigate the difficult waters of divorce.
During a divorce, you will be dividing your property and assets as well as your debts. The first thing to do is to cancel all joint credit card accounts and open separate ones. The debt on those closed accounts will become part of the divorce process, but by canceling joint accounts you can avoid any future debt that your spouse incurs being applied to you.
If financial infidelity has happened during marriage, expect that it will continue. Sometimes a spouse tries to spend money in order to draw down the joint assets (this is called dissipation). An experienced divorce lawyer will be able to recognize this. You may also need to contract the services of a forensic accountant who is an expert in going through finances and finding fraud or hidden money. Your lawyer should be able to recommend someone.
Tax changes, pension and retirement plan issues, life insurance, and costs of ongoing child support will all be important issues to discuss with your lawyer.
After divorce
If you did not do it during the divorce, as soon as possible afterward change your beneficiary information. Also make sure you close other joint accounts, like iTunes, streaming services, frequent flyers, etc. This article lists some other common steps to take.
If your money habits and attitudes contributed to the divorce, you may need to examine them. Recognize any bad habits in the use of money that need to change, and create a budget. Refrain from major purchases for some time after divorce. This gives you time to judge the situation and make decisions that are not emotionally charged. This also includes avoiding spending sprees.
When money issues fuel a divorce, it is important to obtain expert guidance so you avoid making decisions that will negatively impact you and your children in the future. Talk to one of our experts to see what we can do to help you through your divorce.
Co-Parenting Success Skills for Raising Healthy Children
Blog, Divorce, ParentingIn any parenting, the stakes are high. But after divorce, they’re even higher. Creating a healthy co-parenting arrangement is crucial for helping your children to grow into emotionally healthy, confident adults. Co-parenting well is difficult, but for the sake of the children, it needs to be done.
If you and your ex don’t have a comfortable personal relationship, you should both try to think of it as a business relationship instead. Treat your co-parent like a colleague, communicate respectfully and create agreements that you keep. And ask yourself: Would I trash talk my colleague to other people? Would I blow off a meeting or be purposely late? If you wouldn’t do it to a team member at work, don’t do it to your team member in parenting. The danger of bad behavior at work is poor job performance or job loss. The danger of bad behavior in parenting is emotionally damaged children or loss of parenting rights.
Here are some important steps to healthy co-parenting.
Following these steps may be difficult at first, but remembering that the goal is to help your children thrive should help it become easier in time. And that will be a win for everyone.
Determining a Parenting Plan in Pennsylvania
Blog, Divorce, ParentingDivorcing when you have children brings on many questions. Here in our Langhorne, PA office, we help couples determine many post-divorce logistics related to their children. This can include how much child support you are going to pay or receive, as well as where your children are going to spend their time. Determining your parenting time schedule can be a bit difficult for parents.
First and foremost, for most parents, the most difficult part of setting up a custody schedule is realizing they are not going to be spending every day with their child. Children have the right to spend time with both parents, during the week, on weekends, and then on special occasions.
There are many factors that can complicate a parenting schedule including where parents live, their work schedules, where the child attends school, and his/her activities. If parents can sit down together, alone or with their attorneys, it is best to collaborate on a plan. If they can not do this, then the matter will go in front of a judge who will determine the parenting schedule. Judges often hear cases in which one parent would like sole custody for the sake of moving far away, making it prohibitive for the other parent to enjoy a 50/50 custody arrangement.
How does a judge determine a parenting time schedule in PA?
There are 16 factors that the court can use to determine the custody of a child. They include:
Most parents realize that when a judge makes a decision it is legally binding and must be followed. This is why it is best to work it out between the parties before the matter winds up in court. If your spouse is unreasonable we can negotiate child custody and a parenting schedule for you. Sometimes it is just easier to have legal representation in the room with you or to review your plans to get both parties to be a bit agreeable.
Changing Custody in PA – Can your Child Speak to the Judge?
Blog, Child CustodyChild custody is an emotionally charged area of divorce. You need to ensure your child is legally and financially protected and also emotionally stable throughout the process. Unfortunately, parents are often confused and overwhelmed through the process and want to fight. Sometimes they think it is best for the child to come into the divorce process and actually talk with the judge during hearings. Working out of our office in Langhorne, we help parents in Bucks and Montgomery counties work through the complicated issues and negotiate the best arrangements for their minor children.
First and foremost, a judge does not have to make decisions in your divorce. We can work closely with you and your spouse on your settlements and negotiate any differences. A judge only needs to get involved when you do not agree.
If you think it is a good idea to get your children involved in the decision-making process we always warn you to take great caution. Do not wage a war with your spouse and put your child in the middle, as that can cause short-term problems and long-term consequences for your child. It is best to make the decision after consulting with a therapist or guidance counselor. Work with them to find a good way to approach the situation with your child.
If your child is going to go in front of the judge, we cannot predict how the judge is going to consider the information. In PA, a judge may consider what a child has to say, but has great leniency when it comes to actually considering a child’s thoughts:
Where will the judge interview your child during your divorce?
For the well-being of the child, a judge may decide to have a more relaxed conversation so the child is spared testifying in open court. Regardless of where the meeting takes place, attorneys for both parents must be present. Navigating this part of a highly contentious divorce can be difficult and should only be done with a highly experienced legal team.
Here in Bucks County and Montgomery County, PA, our judges are excellent at working with children. And all lawyers should work together to ensure that children are not being forced to choose between two parents – especially when the parents are already fighting, possibly within the presence of that child.
Moving On After Divorce
DivorceRecently divorced couples can find it challenging to buy a new home post divorce, simply due to the intertwined nature of most married couples’ finances. If you’re ready to strike out on your own with a new home purchase, there are several factors to keep in mind. Karen Ann Ulmer, P.C., can be an asset when it comes to managing various elements of divorce, child custody issues, and family law.
Selling Your Property
According to It’s Over Easy, selling a home and dividing assets prior to a divorce is sometimes a prudent move. A division of assets is likely part of your divorce settlement, and as such, you may have proceeds from one house to invest in a new home in the form of a down payment. You want to ensure your current deal is closed and the money deposited in your bank prior to putting a bid in on a new property. Some fluctuations in divorce proceedings and final asset disposition can take unexpected turns, so you want to ensure everything is finalized before moving forward.
Assessing Your Finances
Once your divorce is settled, and your assets divided, you can better assess how much of a new home you can afford. A mortgage lender will look at your annual income, your credit, the amount of money you have available for a down payment, your monthly expenses, and then help you determine your best options. According to Bankrate, you’ll want to explore several different loan options before identifying the one that best meets your needs. Much will depend on the current average APR. Remember, you don’t want to overextend yourself, and if you’re paying for a home on your own, you may want to find something smaller than what you jointly owned with your previous spouse.
Finding The Perfect Home
Getting settled into a new residence is a healing move that can help you embrace your new independent life. In addition to cost, give careful consideration as to the size and location of the homes you look at. You may decide to stay close to your former spouse if you share children, or stay in a particular geographic region if your children are in a school district you want them to maintain. You can start your search online, and a qualified real estate agent can help you narrow the focus, tour properties of interest, and make an appropriate offer.
While divorce marks the end of one part of your life, it also opens the doors to new opportunities and the chance to gain independence and embrace a new way of living. Allow yourself time to get settled into your new home, make it uniquely yours, and embark on your next phase of life.
Karen Ann Ulmer, P.C. is home to experienced attorneys who handle divorce and child custody, wills and probate, real estate, law, and other complex legal problems. Visit the site today to learn more and reach out via email or phone for a confidential consultation.