§ 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.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 1991–2025 · leading case:
Riccelli v. Forcinito, 595 A.2d 1322 (Pa. Super. Ct. 1991).
Riccelli v. Forcinito, 595 A.2d 1322 (Pa. Super. Ct. 1991).
· cites it 2× “Moreover, the fact that the cotenants are male and female cannot alter our conclusion, and should not confuse the issue. It is, of course, the law of this Commonwealth that a tenancy by the entireties is severed upon divorce, and the parties’ continued joint ownership becomes…”
Savage v. Savage, 736 A.2d 633 (Pa. Super. Ct. 1999).
“23 Pa.C.S. § 3507(a). 37 . COBRA coverage (pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1986, 26 U.”
Popky v. United States, 326 F. Supp. 2d 594 (E.D. Pa. 2004).
“Upon divorce in Pennsylvania, a tenancy by the entireties becomes a tenancy in common by operation of law and the former spouses each become seized of a one-half undivided interest in the marital property upon the date of divorce.”
Barrett v. Barrett, 614 A.2d 299 (Pa. Super. Ct. 1992).
“The master based his decision on the conclusion that the common law “remarriage” of the parties reinstated the tenancy by the entireties ownership.”
Goforth, M. v. Goforth, J. (Pa. Super. Ct. 2025).
· cites it 4× “See 23 Pa.C.S. § 3507(a) (“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[.”
Vicchiarelli, H. v. Hrabovsky, M. (Pa. Super. Ct. 2016).
· cites it 2× “According to Vicchiarelli, the court should have decided this partition action strictly as a matter of law under 23 Pa.C.S. § 3507(a) (“Division Of Entireties Property Between Divorced Persons”).”
King, D. v. Hinkle, W. (Pa. Super. Ct. 2025).
· cites it 2× “1992) (citing 23 Pa.C.S. § 3507(a) (“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…”
Bykov, I. v. Lomova, O. (Pa. Super. Ct. 2021).
“23 Pa.C.S. § 3507(a). As our Supreme Court has explained, [p]roperty held by husband and wife as tenants by the entireties is not subject to partition while so held.”
Mowers v. Mowers, 22 Pa. D. & C.4th 499 (1994).
“Reenacted at 23 Pa.C.S. §3507(a). . Contrast the facts in Kessler v.”
Dunlap v. Dunlap, 11 Pa. D. & C.4th 218 (1991).
“The subject matter of repealed section 501 is now set forth in the Divorce Code at 23 Pa.C.S. §3507. Section 3507(a) provides: “Whenever married persons holding property as tenants by entireties are divorced, they shall, except as otherwise provided by an order made under this…”
— 23 Pa. Cons. Stat. § 3507(a) — 8 cases
Savage v. Savage, 736 A.2d 633 (Pa. Super. Ct. 1999).
“23 Pa.C.S. § 3507(a). 37 . COBRA coverage (pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1986, 26 U.”
Riccelli v. Forcinito, 595 A.2d 1322 (Pa. Super. Ct. 1991).
“Moreover, the fact that the cotenants are male and female cannot alter our conclusion, and should not confuse the issue. It is, of course, the law of this Commonwealth that a tenancy by the entireties is severed upon divorce, and the parties’ continued joint ownership becomes…”
Goforth, M. v. Goforth, J. (Pa. Super. Ct. 2025).
“See 23 Pa.C.S. § 3507(a) (“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[.”
Vicchiarelli, H. v. Hrabovsky, M. (Pa. Super. Ct. 2016).
“According to Vicchiarelli, the court should have decided this partition action strictly as a matter of law under 23 Pa.C.S. § 3507(a) (“Division Of Entireties Property Between Divorced Persons”).”
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