| BRUCE E. LEE v. KRISTIN J. LEE No. 1973 MDA 2007 2009 PA Super 135 Atlantic: 978 A.2d 380 Filed: 7/15/2009 | |
| Appeal from the Decree October 18, 2007 In the Court of Common Pleas of Lebanon County Civil No. 2005-20062 | |
| Before: GANTMAN, SHOGAN and KELLY, JJ. | |
| Opinion by: KELLY, J. | |
| Concurring Statement by: GANTMAN, J. | |
| Appellant, Kristin J. Lee (Wife), appeals from the equitable distribution decree entered in the Lebanon County Court of Common Pleas. In this case we find, inter alia, that in divorce-related equitable distribution, when a spouse has been excluded from the marital home by a protection from abuse order, the other spouse may raise an equitable defense against the first spouse’s claim to rental credit for the time period in which the order was in effect. We affirm the decree in part, reverse in part, and remand for proceedings consistent with this memorandum. | |
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