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2009 Pa. Super. 135

978 A.2d 380

Lee v. Lee

Superior Court of Pennsylvania

Decided July 15, 2009

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Superior Court of Pennsylvania · decided 2009-07-15

Cited by 10 later decisions — most recently July 2024

10 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2009-07-15

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¶1CONCUKRING STATEMENT BY

GANTMAN, J.:

¶2¶ 1 I agree with the majority’s decision to reduce the fair rental credit due Husband in light of the protection from abuse order. Regarding the equitable distribution award, however, I write separately to emphasize that Wife used significant premarital funds to purchase a home, refinance it, and improve it. She also used her funds from the sale of pre-marital assets to pay off marital debt. Husband enjoyed the benefit of living in the home during the parties’ short marriage, but by his own admission, he contributed nothing to the marital estate. Meanwhile, Husband keeps his entire retirement fund, valued at approximately $500,000.00, which was not subject to equitable distribution because it was Husband’s pre-marital asset.

¶3112 The court determined the value of the home was $286,500.00. In light of the gross disparity in the parties’ individual contribution to the marital estate and in the remaining non-marital assets of each party, as well as the fact that Wife has primary physical custody of the parties’ minor child, I think Wife should receive 100% of the residence. Under the circumstances of this case, I am convinced of the obvious injustice to Wife in forcing a sale of the home where she and child live. In sum, if Husband gets to keep his pension, Wife should get to keep the home. What marital assets are left can then be divided according to an equitable percentage.

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