Divorces in Pennsylvania

Citation

Divorces in Pennsylvania are governed by the Domestic Relations Code, 23 Pa. C.S. 101, et seq.

Underwriting

• Upon the entry of a final divorce decree, title to property held as Tenants by the Entireties automatically converts to a Tenancy in Common, by operation of law.
• When there is a PENDING divorce, a non-titled spouse MUST join a deed or mortgage with the titled spouse.
• If a divorce has been COMPLETED, the final decree and any property settlement agreement should be examined to determine the respective rights of the parties.

Child Support

See Child Support Liens in Pennsylvania

Death of a Spouse during Divorce Proceedings

Pennsylvania has an anti-abatement statute where the death of one spouse during a pending divorce action will not cause an abatement of the action if certain conditions are met. The effect of this is that the parties' property rights will be determined under the Domestic Relations Code, rather than the Decedents, Estates, and Fiduciaries Code (Title 20). Parties may believe that when a spouse dies, the surviving spouse will automatically retain the Property, but this is not always the case, and the Estate of the decedent spouse may have an adverse claim to the Property.

20 Pa.C.S. § 3323

...
(d.1) Death of a party.--In the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties' economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa.C.S. (relating to decedents, estates and fiduciaries).
...
(g) Grounds established.--For purposes of subsections (c.1) and (d.1), grounds are established as follows:
(1) In the case of an action for divorce under section 3301(a) or (b) (relating to grounds for divorce), the court adopts a report of the master or makes its own findings that grounds for divorce exist.
(2) In the case of an action for divorce under section 3301(c), both parties have filed affidavits of consent or, if the presumption in section 3301(c)(2) is established, one party has filed an affidavit of consent.
(3) In the case of an action for divorce under section 3301(d), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavit's averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart for at least one year at the time of the filing of the affidavit.

Joinder of Non-Titled Spouses

Non-titled spouses are only required to join in a conveyance (deed or mortgage) when there is a pending divorce.