Monday, June 23, 2014

In Pennsylvania: My elderly father was three years into a divorce (they separated 2.5 years ago) passed away last month. The marital house w...

Question

In Pennsylvania: My elderly father was three years into a divorce (they separated 2.5 years ago) passed away last month. The marital house was underwater and in foreclosure when he and his wife separated. Months later through bankruptcy and my negotiations with the bank the house is out of danger and now has some equity in it no thanks to his deserting wife. It's a tenancy bu the entirety and the divorce had not been finalized before his death. Does the deserting wife now get the house even though it was worthless before she walked out on my father and filed for divorce?



Answer

If either party dies before the granting of a divorce then the divorce abates, That is the proceedings end and they died married.

John



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