entireties presumption in Pennsylvania

2022Wife’s citation to Del Borrello v. Lauletta, 317 A.2d 254, 255 (Pa. 1974), for the proposition that marriage does not extend general agency to a spouse for purposes of entering into a written agreement without the other’s consent, also affords her no relief.

2022Wife’s citations to Del Borrello v. Lauletta, 317 A.2d 254 , 255 (Pa. 1974), and Salzman v. Miller, 369 A.2d 1216 (Pa. 1974), for the propositions that the mortgage violates the statute of frauds and that marriage does not extend general agency to a spouse for purposes of entering into a written agreement without the other’s consent, also afford her no relief.

2025As Appellant acknowledges, there is a presumption under Pennsylvania law that property held by husband and wife is held as a tenancy by the entireties and this presumption can only be overcome by clear and convincing evidence that the property was not intended to be held by the entireties. ____________________________________________ share of the decedent’s estate had he died intestate shall have no right of election.” Id. § 2208. - 12 - In re Estate of Navarra, 113 A.3d 829, 833 (Pa. Super. 2015) (emphasis added; citation omitted); see also Appellant’s Brief at 38-39 (citing In re Estate of N

2025As Appellant acknowledges, there is a presumption under Pennsylvania law that property held by husband and wife is held as a tenancy by the entireties and this presumption can only be overcome by clear and convincing evidence that the property was not intended to be held by the entireties. ____________________________________________ share of the decedent’s estate had he died intestate shall have no right of election.” Id. § 2208. - 12 - In re Estate of Navarra, 113 A.3d 829, 833 (Pa. Super. 2015) (emphasis added; citation omitted); see also Appellant’s Brief at 38-39 (citing In re Estate of N

2023See Trial Ct Op. at 9-11; see also Davis, 194 A.3d at 605 (stating that “this Court is not permitted to reexamine the weight and credibility determination or substitute our judgment for that of the fact finder” (citation omitted)).

2023Id. at 13-15 (citing, inter alia, Wykel v. Knapp, 2022 WL 4588361 (Pa. Super. filed Sept. 30, 2022)).6 Appellant concludes that the trial court’s verdict should be reversed and judgment should be entered in Appellant’s ____________________________________________ 6 Appellant filed its brief on October 31, 2022.

2023Trust Co. v. Evans, 421 B.R. 193 (W.D.

2023Wykel, 288 A.3d at 893 (citations omitted and formatting altered); see also Fazekas, 737 A.2d at 1264 (stating that “[f]or the duration of the entireties estate, either spouse has the presumptive power to act for both, so long as both spouses share the proceeds” (citation omitted)).

2023Id.

2023Wykel, 288 A.3d at 893 (citations omitted and formatting altered); see also Fazekas, 737 A.2d at 1264 (stating that “[f]or the duration of the entireties estate, either spouse has the presumptive power to act for both, so long as both spouses share the proceeds” (citation omitted)).

2022She argues that the statuTe of frauds should preclude the application of this doctrine because the non-participating spouse’s interest in real property is affected without that spouse’s assent in writing. -4- When reviewing a judgment rendered after a bench trial, we determine “whether the findings of the trial court are supported by competent evidence and whether the trial court committed error in any application of the law.” Bank of N.Y. Mellon v. Bach, 159 A.3d 16, 19 (Pa.Super. 2017) (quoting Stephan v. Waldron Elec.