Fair Rental Value in Pennsylvania Divorce

By Kara Haggerty

Typically, one spouse moves out of the marital home when a marriage breaks up. The issue of fair rental value arises where one spouse is no longer living in the marital residence pending finalization of the divorce action.

This commonplace situation has led to a general rule in Pennsylvania Courts that a dispossessed party can claim a credit for the fair rental value of the marital property which is jointly held against the spouse in possession at the time of equitable distribution. In other words, the spouse in the marital home must pay rent for the time he or she lives there exclusively. Whether rental credit is due, and whether it will be awarded, is within the sound discretion of the court when it comes to dividing property. The trial court has considerable discretion when determining whether to grant rental value as part of equitable distribution.

The principle behind fair rental value is that the spouse that has moved out of the former marital residence still has a one-half interest in the property, and accordingly should be compensated for their interest. Courts seem to be primarily concerned with fairness when deciding whether they will award rental value, and they consider several factors in making this determination.

Rental credit is awarded, and therefore limited by, the amount in which the dispossessed spouse had a personal or financial interest in the property. Additionally, the rental value is limited to the period of time during which a party is dispossessed and the other party is in actual or constructive possession of the property. Finally, the party in possession of the property is entitled to a credit against the rental value for payments made to maintain the property on behalf of the dispossessed spouse. Therefore, the rental credit can be offset by the remaining spouse if the remaining spouse has been paying the mortgage, property taxes, insurance and the cost of repairs or upkeep to the marital residence. Half of these costs can be assigned the responsibility of the departed spouse, as these costs are necessary to protect and benefit his or her interest in the home’s equity and ownership.

An argument for fair rental value is most likely to occur where the home is owned outright such that no mortgage payments are made or there are relatively small monthly payments on any debt associated with the house compared to what the home could rent for. Often, when the spouse who has exclusive possession is paying the entire mortgage and upkeep, there is no point in fighting over a rental value credit as the two factors cancel out each other.

Another crucial factor of this determination is whether or not the party could rightfully be in the home. If one party has been excluded from the home due to a court order, such as a PFA order, they are not entitled to rental credit for the time that they have been banned.

Once again, the award of fair rental value is within the discretion of the trial court. Pennsylvania courts seem to be concerned primary with fairness when determining whether to award a rental credit. The courts have emphasized that awarding half of the rental value is not mandatory, and that they are more concerned with the overall distribution being equitable.

For more information contact Kara Haggerty by phone at 717-591-1755 or by email at khaggerty@pjrlaw.com

October: Experiencing the True Howling Halloween

As the days grow shorter and the nights grow longer, many people around the world begin to prepare for one of the most popular holidays of the year.

The origins of Halloween can be traced back to an ancient Celtic festival called Samhain. This festival was held at the end of the harvest season to mark the beginning of winter. It was also a time to remember those who had died, as it was believed that the boundary between the world of the living and the world of the dead was blurred on this night. Over time, elements of this festival were adopted by Christian churches and Halloween became a celebration of All Saints' Day.

Today, Halloween is enjoyed around the world by people of all ages and religions and is celebrated with costumes, parties, and traditional foods like pumpkin pie and candy apples. No matter what your perspective is, there's no denying that Halloween is a unique and fascinating holiday with a long history.

Whether you are looking forward to dressing up or simply enjoy spending time with family and friends, we hope you have a happy and safe Halloween!

HALLOWEEN COSTUME IDEAS

Halloween is the perfect time to let your creativity shine! Whether you're looking for a costume that's spooky, funny, or just plain adorable, there's sure to be something that fits the bill. Halloween costumes are not just for kids, adults can have plenty of fun dressing up as well. Whether you're planning a Halloween party or just want to get into the festive spirit, break out your sewing machine, hire a costume producer, or head to your local costumes store and get ready for some serious fun!

We have picked out 5 popular cosplays across 4 different decades fitting all ages over the years!

Ghostface (90s Slasher, Scream)

Ghostface often called his victims on the phone, taunting or threatening them before stabbing them to death with an eight-inch hunting knife. He occasionally asked his victims horror movie trivia, and stalked them in a manner reminiscent of said films.

Batman (2000s most popular anti-hero)

In the name of his murdered parents, Bruce Wayne wages eternal war on the criminals of Gotham City. He is vengeance. He is the night. He is Batman.

Pink Soliders, Masked Men, Guard (2020s Netflix Hit Show, Squid Game)

The Guards are the staff who manage, upkeep, and enforce the rules of the Squid Games on behalf of the Front Man. Guards all wear the same base clothing in order to preserve anonymity.

Neytiri te Tskaha Mo'at'ite (2010s lead heroine from the hit movie Avatar)

While in a Pandoran forest, Neytiri meets a lost Jake Sully, and saves him from a pack of viperwolves. Neytiri fights alongside Jake in the assault on the Tree of Souls and saves him from being killed by Colonel Miles Quaritch.

Arcane (2022 Netflix Hit Adaptation, League of Legends Video Game)

Arcane, the hit series from Netflix, has received some of the highest praise from multiple outfits like IGN (10/10) and Rotten Tomatoes (100%) for its fantastic portrayal of iconic League of Legends champions and its lore. Featuring stunning art and brilliant character designs, no wonder Arcane has become a favorite for cosplayers looking to expand their repertoire.

We are seeking guest writers...

We are seeking guest writers to contribute to our email newsletter which reaches more than 2000 people per month. If you would like to consider a joint article we would be glad to work on something with you. For more information, please contact Ashley Malcolm via email amalcolm@pjrlaw.com or call 717-610-1639.

BEST SPOOKY THINGS TO DO DURING HALLOWEEN

It’s that time of year again. Ghosts and goblins, witches and warlocks - it can only mean one thing: Halloween is coming! Whether you're looking to get your scare on at a haunted house or take the family trick or treating, we've got the best of the best things to do listed here. Check out our top picks for the spookiest things to do this Halloween!

1. Ghost hunt and graveyard adventure

The graveyard is an intriguing place to visit, whether you're brave enough for a day trip or want to up the ghost-hunting factor. Whether you head to a haunted house, haunted forest, or a gravesite, you can plan your adventure in advance by researching local names from tombstones and leaving some surprises around when returning with kids under moonless sky! To some, visiting a graveyard may seem like an odd place to spend time but if you're brave enough or want the ultimate spooky experience then why not plan for it? Try going at night so there are more opportunities of seeing spirits walking around outside under starlight!

2. Produce your own horror movie

Do you remember the Blair Witch Project? It is a movie about a group of young filmmakers heading out into the woods to make a film about the Blair Witch, a local legend, and never return or be seen again. Only footage was left to be found. Make your own spooky movie at home with the latest tools. You can get lost in a forest, or just scare people on Halloween by setting up some frightening props like knives and blood-filled jars! A scary story is always more immersive when you're involved!

3. Good ol pumpkin carving

When most people think of decorating pumpkins, they think of the traditional jack-o-lantern. However, there are so many other ways to decorate a pumpkin, and it's never too late to try something new. If you're stuck inside on Halloween night, why not spend the evening carving pumpkins with your kids? It's a fun activity that the whole family can enjoy, and it's sure to get you into the Halloween spirit. Pumpkin carving is a great activity to try with the kids. They'll love getting creative and using their imaginations to turn regular old pumpkins into spooky works of art. Plus, it's a great way to bond as a family and create some fun memories. So don't let the late hour stop you from getting in on the fun - grab a pumpkin and start carving!

4. Hosting a game night

Game night is always a good idea, but it's especially fun on Halloween. You can stick to classic games like Monopoly or Clue, or get into the spirit of the holiday with a Murder Mystery game or spooky scavenger hunt. Get your friends together for a spine-tingling good time with a Halloween-themed game night! Whether you're looking for a fun way to keep the kids entertained or want to add some excitement to your adult gatherings, a Halloween game night is always a good idea. There are plenty of options to choose from with a Halloween twist. *With a little planning and creativity, you can turn any game night into a frightfully fun Halloween party!

5. Witching hour hike

There's something about the dark that just feels weirdly refreshing and, dare we say it, kind of exciting. Maybe it's the fact that all our senses are heightened and we're more attuned to everything around us, or maybe it's because our imagination runs wild and we start seeing things that aren't really there. We’re not supposed to be afraid of the dark but I do think there is something primitively scary about it. With our visual sense diminished other senses become heightened. Unseen sounds of the natural world become mysterious and unsettling. Feelings become amplified, imagination runs riot and what seemed familiar and comfortable in daylight quickly becomes scary. Perfect for a Halloween outing. So why not wait until the sun goes down and head out for a night hike? There's no denying that heading out for a night hike is a totally different experience than taking a walk during the day. And what better time to do it than on Halloween? Sure, the witching hour might be a little bit spooky. But that's part of the fun! Just make sure you bring along a head torch so you can see where you're going. And if you're feeling really brave, try doing it alone. We guarantee you'll never look at the world in quite the same way again.