§ 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.
Notes of Decisions
Kozel, D. v. Kozel, D. (2014)
pasuperct · cites it 4×
“The inventory and appraisment formerly required under 23 Pa.C.S. § 3505(b) has been suspended and is now governed by Pa.”
Perlberger v. Perlberger (1993)
pasuperct · cites it 2×
“" 23 Pa.C.S. § 3505. The scope of discovery in divorce proceedings is now defined in Pennsylvania Rule of Civil Procedure 4003.”
Creeks v. Creeks (1993)
pasuperct · cites it 2×
“This conclusion by the trial court reveals a misunderstanding of the statutory requirements under 23 Pa.C.S. § 3505. This section does not include a requirement that the failure to disclose an asset be a deliberate or intentional effort to avoid subjecting funds to the equitable…”
Linn, F. v. Perrotti, M. (2024)
pasuperct · cites it 2×
“Linn requested the creation of a constructive trust funded by those proceeds, invoking 23 Pa.C.S. § 3505(d) of the Divorce Code, which authorizes the imposition of a constructive trust where a party has failed to disclose assets during an equitable distribution.”
Bennett, P. v. Bennett, P. (2017)
pasuperct
“As noted in his statement of questions presented, Husband raises several procedural challenges to the trial court’s application of 23 Pa.C.S. § 3505(d) under the facts of this case.”
Musko v. Musko (1997)
pa · cites it 2×
“"); 23 Pa.C.S. § 3505 (courts may enjoin the disposition of property intended to defeat alimony pendente lite, alimony, child or spousal support); 23 Pa.”
Shipley v. Tax Claim Bureau of Delaware County (2013)
pacommwct
“2d 987, 991 (1983); see Section 3505(a) of the Divorce Code, 23 Pa.C.S. § 3505(a) (stating that a trial court may issue injunctions or attachments to prevent a spouse from disposing of, alienating, or encumbering property to defeat equitable distribution, alimony, spousal…”
Artillio, C. v. Artillio, T. (2020)
pasuperct · cites it 4×
“23 Pa.C.S. § 3505(a), (d). Instantly, the trial court’s order created a constructive trust and enjoined Appellant from alienating any assets that were to be transferred into the trust, which is a form of injunctive relief.”
Falasco v. Falasco (1992)
pactcomplcheste
“The petitioner seeks sanctions for respondent’s failure to file an inventory and appraisement as mandated by 23 Pa.C.S. §3505(b) and Pa.R.C.P. 1920.33 and for respondent’s alleged acts of delay and obfuscation to hinder the conclusion of the divorce proceedings originally filed…”
Kodenkandeth, J. v. Kodenkandeth, M. (2016)
pasuperct · cites it 2×
“23 Pa.C.S. § 3505. Specifically, section 3505(d) addresses the imposition of constructive trusts for a party’s failure to disclose assets and provides as follows: If a party fails to disclose information required by general rule of the Supreme Court and in consequence thereof an…”
Nadolsky, W., III v. Nadolsky, J. (2018)
pasuperct · cites it 2×
“Wife also cites to 23 Pa.C.S. § 3505(b)(3), for the proposition that both parties shall submit to the court an inventory and appraisement, containing “[a] list of the liabilities of either or both of them as of 30 days prior to the date of hearing on equitable distribution,…”
Mohen, T. v. Mohen, C. (2021)
pasuperct · cites it 2×
“” 23 Pa.C.S. § 3505. It contains a subsection entitled “Encumbrance or disposition to third parties.”
— 23 Pa. Cons. Stat. § 3505(a) — 5 cases
Shipley v. Tax Claim Bureau of Delaware County (2013)
pacommwct
“2d 987, 991 (1983); see Section 3505(a) of the Divorce Code, 23 Pa.C.S. § 3505(a) (stating that a trial court may issue injunctions or attachments to prevent a spouse from disposing of, alienating, or encumbering property to defeat equitable distribution, alimony, spousal…”
Artillio, C. v. Artillio, T. (2020)
pasuperct
“23 Pa.C.S. § 3505(a), (d). Instantly, the trial court’s order created a constructive trust and enjoined Appellant from alienating any assets that were to be transferred into the trust, which is a form of injunctive relief.”
— 23 Pa. Cons. Stat. § 3505(b) — 3 cases
Kozel, D. v. Kozel, D. (2014)
pasuperct
“The inventory and appraisment formerly required under 23 Pa.C.S. § 3505(b) has been suspended and is now governed by Pa.”
Falasco v. Falasco (1992)
pactcomplcheste
“The petitioner seeks sanctions for respondent’s failure to file an inventory and appraisement as mandated by 23 Pa.C.S. §3505(b) and Pa.R.C.P. 1920.33 and for respondent’s alleged acts of delay and obfuscation to hinder the conclusion of the divorce proceedings originally filed…”
— 23 Pa. Cons. Stat. § 3505(b)(3) — 1 case
Nadolsky, W., III v. Nadolsky, J. (2018)
pasuperct
“Wife also cites to 23 Pa.C.S. § 3505(b)(3), for the proposition that both parties shall submit to the court an inventory and appraisement, containing “[a] list of the liabilities of either or both of them as of 30 days prior to the date of hearing on equitable distribution,…”
— 23 Pa. Cons. Stat. § 3505(d) — 9 cases
Kozel, D. v. Kozel, D. (2014)
pasuperct
“The inventory and appraisment formerly required under 23 Pa.C.S. § 3505(b) has been suspended and is now governed by Pa.”
Linn, F. v. Perrotti, M. (2024)
pasuperct
“Linn requested the creation of a constructive trust funded by those proceeds, invoking 23 Pa.C.S. § 3505(d) of the Divorce Code, which authorizes the imposition of a constructive trust where a party has failed to disclose assets during an equitable distribution.”
Bennett, P. v. Bennett, P. (2017)
pasuperct
“As noted in his statement of questions presented, Husband raises several procedural challenges to the trial court’s application of 23 Pa.C.S. § 3505(d) under the facts of this case.”
Creeks v. Creeks (1993)
pasuperct
“This conclusion by the trial court reveals a misunderstanding of the statutory requirements under 23 Pa.C.S. § 3505. This section does not include a requirement that the failure to disclose an asset be a deliberate or intentional effort to avoid subjecting funds to the equitable…”
Artillio, C. v. Artillio, T. (2020)
pasuperct
“23 Pa.C.S. § 3505(a), (d). Instantly, the trial court’s order created a constructive trust and enjoined Appellant from alienating any assets that were to be transferred into the trust, which is a form of injunctive relief.”
— 23 Pa. Cons. Stat. § 3505(e) — 2 cases
Mohen, T. v. Mohen, C. (2021)
pasuperct
“” 23 Pa.C.S. § 3505. It contains a subsection entitled “Encumbrance or disposition to third parties.”
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