2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 35 - Property Rights
3505 - Disposition of property to defeat obligations.

     § 3505.  Disposition of property to defeat obligations.
        (a)  Preliminary relief.--Where it appears to the court that
     a party is about to leave the jurisdiction of the court or is
     about to remove property of that party from the jurisdiction of
     the court or is about to dispose of, alienate or encumber
     property in order to defeat equitable distribution, alimony
     pendente lite, alimony, child and spousal support or a similar
     award, an injunction may issue to prevent the removal or
     disposition and the property may be attached as prescribed by
     general rules. The court may also issue a writ of ne exeat to
     preclude the removal.
        (b)  Inventory of property.--Both parties shall submit to the
     court an inventory and appraisement, which shall contain all of
     the following:
            (1)  A list of the property owned or possessed by either
        or both of them as of:
                (i)  the date of separation; and
                (ii)  thirty days prior to the date of hearing on
            equitable distribution.
            (2)  A list of the value of the property owned or
        possessed by either or both of them as of:
                (i)  the date of acquisition;
                (ii)  the date of separation; and
                (iii)  thirty days prior to the date of hearing on
            equitable distribution.
            (3)  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.
        (c)  Discovery.--Discovery under this part shall be as
     provided for all other civil actions under the Pennsylvania
     Rules of Civil Procedure.
        (d)  Constructive trust for undisclosed assets.--If a party
     fails to disclose information required by general rule of the
     Supreme Court and in consequence thereof an asset or assets with
     a fair market value of $1,000 or more is omitted from the final
     distribution of property, the party aggrieved by the
     nondisclosure may at any time petition the court granting the
     award to declare the creation of a constructive trust as to all
     undisclosed assets for the benefit of the parties and their
     minor or dependent children, if any. The party in whose name the
     assets are held shall be declared the constructive trustee
     unless the court designates a different trustee, and the trust
     may include any terms and conditions the court may determine.
     The court shall grant the petition upon a finding of a failure
     to disclose the assets as required by general rule of the
     Supreme Court.
        (e)  Encumbrance or disposition to third parties.--An
     encumbrance or disposition of marital property to third persons
     who paid wholly inadequate consideration for the property may be
     deemed fraudulent and declared void.
     (Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)

        2004 Amendment.  Act 175 amended subsec. (d). Section 5(10)
     of Act 175 provided that the amendment shall apply to all
     equitable distribution proceedings irrespective of whether the
     proceeding was commenced before, on or after the effective date
     of par. (10).
        Suspension by Court Rule.  Section 3505(b) was suspended by
     Pennsylvania Rule of Civil Procedure No. 1920.91, as amended May
     5, 1997, insofar as it applies to the practice and procedure in
     actions for divorce or annulment of marriage.