2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 35 - Property Rights
3507 - Division of entireties property between divorced persons.

     § 3507.  Division of entireties property between divorced
                persons.
        (a)  General rule.--Whenever married persons holding property
     as tenants by entireties are divorced, they shall, except as
     otherwise provided by an order made under this chapter,
     thereafter hold the property as tenants in common of equal one-
     half shares in value, and either of them may bring an action
     against the other to have the property sold and the proceeds
     divided between them.
        (b)  Division of proceeds.--Except as provided in subsection
     (c), the proceeds of a sale under this section, after the
     payment of the expenses of sale, shall be equally divided
     between the parties.
        (c)  Liens.--The amount of any lien entered of record jointly
     against both of the parties, together with any interest due on
     the lien and docket costs, shall be deducted from the proceeds
     of sale and the amount of the liens entered of record against
     either of the parties, together with any interest due on the
     liens and docket costs, shall be deducted from the share of the
     party against whom the lien is filed and paid to the person or
     persons to whom the amount of the lien is due and payable.
        (d)  Record of divorce decree.--No decree of divorce shall be
     effective to change the existing law relating to liens upon
     property held by tenants by the entireties except a decree of
     divorce that is valid in this Commonwealth and not until the
     decree of divorce or a certified copy of the decree is recorded
     in the office of the recorder of deeds of the county where the
     property is situate. The decree shall be indexed in the
     grantor's index against each of the tenants by the entireties.

        Saved from Suspension.  Pennsylvania Rule of Civil Procedure
     No. 1910.49, as amended March 30, 1994, provided that section
     3507 shall not be deemed suspended or affected by Rules 1910.1
     through 1910.31 governing actions for support insofar as section
     3507 provides for tenancy in common of property held by the
     entireties after divorce.