Case Evaluation

Fill out the form below to get in touch with one of our attorneys.

Send
View Our Blog
Meet Your Attorney
Lee Ciccarelli

Lee Ciccarelli

Lee Ciccarelli is the founder and managing partner of Ciccarelli Law Offices with over two decades experience as a practicing attorney.

Ryan Buchanan

Ryan Buchanan

Working in many areas of law Ryan focused his efforts on family law. He prides himself on holding himself to a high standard of ethics and morals.

Michael E. Houghton

Michael E. Houghton

Bringing many years of experience and knowledge representing our clients in domestic violence and protection from abuse matters.

Albert Iacocca

Albert Iacocca

Albert M. Iacocca is an attorney with extensive knowledge of complex legal matters and has more then 10 years experience.

Office Locations
Primary Location
A
304 North High Street West Chester, PA 19380
Map It
Secondary Locations

These locations are available by appointment only

B
1515 Market St., #200 Philadelphia, PA 19102
Map It
C
135 East State St. Kennett Square, PA 19380
Map It
D
600 West Germantown Pike Plymouth Meeting, PA 19462
Map It
E
1489 Baltimore Pike Ste 221 Springfield, PA 19064
Map It
G
101 Lindenwood Dr, Ste 225 Malvern, PA 19355
Map It
H
150 N. Radnor Chester Rd Ste. F200, Radnor, PA 19087
Map It
I
313 West Liberty St., Ste 341 Lancaster, PA 17603
Map It

Partial Distribution

During a divorce proceeding, it is not uncommon for one of the parties to seek interim relief—a court order that is temporary in nature but protect certain types of property. In many cases, spouses file petitions for interim relief to resolve possible financial disputes relating to marital property.

When spouses want to divide a specific asset or property before the parties have agreed to final terms of distribution, one spouse may file a petition for interim partial distribution. A court order for partial distribution allows a spouse to access marital property, but selling shared property without the consent of the other party and the court can have serious consequences.

Divorce Lawyer for Partial Distribution in West Chester, PA

Do you need assistance accessing a certain asset in your divorce while dividing marital property? You should immediately contact Ciccarelli Law Offices for help protecting your rights.

Our divorce attorneys in West Chester represent clients during division of assets in Montgomery County, Lancaster County, Delaware County, Chester County, and the greater Philadelphia area. You can have our lawyers provide a complete evaluation of your case when you call (877) 529-2422 to schedule a free initial consultation.


Overview of Partial Distribution in Pennsylvania


Back to top

Property Involved in Partial Distribution in Chester County

Under Pennsylvania Consolidated Statute § 3505(b), both parties in a divorce are required to submit to the court an inventory and appraisement that contains all of the following:

  • A list of the property owned or possessed by either or both of them as of the date of separation and 30 days prior to the date of hearing on equitable distribution;
  • A list of the value of the property owned or possessed by either or both of them as of the date of acquisition, the date of separation, and 30 days prior to the date of hearing on equitable distribution; and
  • A list of the liabilities of either or both of them as of 30 days prior to the date of hearing on equitable distribution, whether or not the liabilities are related to the property set forth in the inventory and appraisement.

Moreover, according to Statue 6 3505(d), if a party omits assets with a fair market value of $1,000 or more, the aggrieved party may request that the Commonwealth place the asset in a constructive trust for the benefit of the parties an their children.


Back to top

Partial Distribution Process in West Chester

Under Pennsylvania Consolidated Statute § 3502(f), a court can, upon the request of either party, at any stage of the proceedings enter an order providing for an interim partial distribution or assignment of marital property.

A court will issue an interim order identifying, valuing, and setting apart the marital and nonmarital assets and liabilities to provide for a partial distribution of the assets and liabilities if the court finds good cause that there should be an interim partial distribution during the pendency of a divorce action.

A person can seek partial distribution when he or she is concerned about not having access certain marital property or funds while such property or funds are in dispute. Partial distribution requests may involve time-sensitive issues, but the kinds of assets involved and the potential litigation involved in a case are also factors that a court might consider when considering an interim partial distribution or assignment of marital property.

Spouses cannot sell property or use it in any unauthorized manner while distribution is still being determined. A court can void transactions or issue injunctions to prevent dissipation of property when a spouse does not have legal ownership of the assets. Selling assets without court approval can result in a person possibly facing criminal charges for contempt of court or perjury.


Back to top

Pennsylvania Partial Distribution Resources

Title 23 Pennsylvania Consolidated Statute § 3502 | Equitable division of marital property — State law governing partial distribution can be found under paragraph (f) of this statute. You can also learn about general rules, liens, and family homes. Additional paragraphs cover life insurance and the powers of the court.

Schultz v. Schultz, 70. A.3d 826, 828 (Pa.Super. 2013) — A wife filed a motion seeking to hold her husband in contempt for violating a May 3, 2011 order that prohibited either party from withdrawing, transferring, dissipating, concealing, selling, removing, encumbering, and/or disposing of any of the parties' marital artwork, among other provisions. The trial court issued an order on March 8, 2012, denying the motion for contempt, permitting the husband to withdraw $100,000 from Bank of America accounts, and freezing the marital accounts after the husband's $100,000 withdrawal. The wife appealed the portion of the March 8 order that permitted the husband to withdraw $100,000 from the Bank of America accounts as an advance in equitable distribution, but the Superior Court quoted Section 3502(f) of the Domestic Relations Code and wrote that "absent a final equitable distribution order, issues of equitable distribution are not properly raised on appeal."


Back to top

Ciccarelli Law Offices | West Chester Partial Distribution Attorney

If you need access to marital property or funds during your divorce proceeding, make sure that you have legal representation before conducting any transactions involving your assets. Ciccarelli Law Offices handles all kinds of family law issues and has office locations in King of Prussia, Lancaster, Kennett Square, Radnor, Plymouth Square, Springfield, Malvern, and Philadelphia.

Our West Chester divorce lawyers will work as a team to help you achieve the most favorable possible resolution to your case.

Call (877) 529-2422 or fill out an online contact form to have our attorneys review your case and help you understand all of your legal options a free, confidential consultation.



Back to top