2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4361 - Execution of support order against entireties property.


                               SUBCHAPTER D
                 PROCEEDINGS AGAINST ENTIRETIES PROPERTY

     Sec.
     4361.  Execution of support order against entireties property.
     4362.  Plaintiff's share of proceeds of sale.
     4363.  Trustee to distribute proceeds of sale.
     4364.  Credit to plaintiff who purchases property.
     4365.  Rights of divorced person in entireties property sold
            for support.
     4366.  Other enforcement remedies preserved.

        Enactment.  Subchapter D was added December 19, 1990,
     P.L.1240, No.206, effective in 90 days.
     § 4361.  Execution of support order against entireties property.
        (a)  Entry of order.--Whenever married persons hold real
     property by the entireties and one spouse secures an order of
     court against the other spouse for the support of the plaintiff
     spouse or of a child of both persons or the defendant or for the
     support of both the plaintiff spouse and child and a copy of the
     order has been certified to the court of common pleas of the
     county in this Commonwealth in which the property is situated,
     the order shall be entered in that court as a judgment with the
     same effect as if it had been recovered as a judgment of that
     court.
        (b)  Execution on judgment.--Execution may be issued on the
     judgment against the real property held by the entireties, and
     the property may be sold in the manner provided by law for the
     sale of real property on execution issued on a judgment. In any
     writs of execution on the judgment, the defendant shall not be
     entitled to the benefit of 42 Pa.C.S. Ch. 81 Subch. B (relating
     to exemptions from execution) or any other exemption statute.
        (c)  Title of purchaser.--The sale of real property under
     this section conveys to the purchaser or purchasers thereof a
     good and valid title to the property and vests in the purchaser
     or purchasers the entire title of both the married persons in
     the same manner and with the same effect as if both married
     persons had joined in the conveyance of the property.

Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.