Dean, T. v. Dean, J.
98 A.3d 637
| Pa. Super. Ct. | 2014Background
- Married 1986, separated 2010; no children jointly; both have children from prior marriages.
- Parties separated, divorce filed March 2010; master appointed May 2012 to resolve economic claims.
- Mother-in-law intervened (Godfrey) claiming substantial interest in the marital residence; intervention permitted October 2012.
- Master hearing March 2013; master issued April 2013 report recommending 75/25 distribution in favor of Wife for the marital residence, with Wife to pay Husband $17,366.65 and options for payment.
- Husband filed exceptions and motion for sanctions April 2013; trial court denied; Husband appealed with Pa.R.A.P. 1925(b) statement.
- Court of common pleas affirmed in part and vacated in part, remanding for corrections and to address a sanctions issue
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coverture fraction applied correctly to the residence and buy-out | Dean argues coverture was misapplied or overbroad | Dean/Wife contends coverture was appropriate to reflect marital contributions | No abuse; coverture application was proper and supported |
| Whether Wife could delay Husband's share until her death | Dean asserts delaying payment unfair and contrary to economic justice | Wife contends delay justified by financial constraints and equity | Partially reversed; delay improper; must pay within lump sum or via valid plan; remand for true amount |
| Whether the trial court properly denied sanctions for Godfrey petition inconsistencies | Dean contends sanctions warranted for false allegations | Court found conduct insubstantial and not sanctionable | Sanctions denial affirmed |
Key Cases Cited
- Lee v. Lee, 978 A.2d 380 (Pa. Super. 2009) (coverture-fraction analysis in mixed premarital/postmarital contributions to residence)
- Hunsinger v. Hunsinger, 554 A.2d 89 (Pa. Super. 1989) (discusses immediate vs. deferred distribution balancing factors)
- Braderman v. Braderman, 488 A.2d 613 (Pa. Super. 1985) (assessing distribution methods for pensions and assets)
- Verholek v. Verholek, 741 A.2d 792 (Pa. Super. 1999) (coverture principles for intermingled premarital/postmarital assets)