Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 4102 (2026)

Proceedings in case of debts contracted for necessaries.

✓ current as of May 2026

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§ 4102. Proceedings in case of debts contracted for necessaries.

In all cases where debts are contracted for necessaries by either spouse for the support and maintenance of the family, it shall be lawful for the creditor in this case to institute suit against the husband and wife for the price of such necessaries and, after obtaining a judgment, have an execution against the spouse contracting the debt alone; and, if no property of that spouse is found, execution may be levied upon and satisfied out of the separate property of the other spouse.

Notes of Decisions

Cited in 4 cases, 2007–2012 · leading case: Crawford v. Zambrano (In re Zambrano Corp.), 478 B.R. 670 (Bankr. W.D. Pa. 2012).

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Crawford v. Zambrano (In re Zambrano Corp.), 478 B.R. 670 (Bankr. W.D. Pa. 2012). · cites it 3× “' Thus, Mary is not an “entity for whose benefit such transfer was made” under 11 U.”

Walter v. Palisades Collection, LLC, 480 F. Supp. 2d 797 (E.D. Pa. 2007). “See 23 Pa. Cons.Stat. § 4102. Given the disposition of the action, the Court need not decide whether Defendants' activities are covered under the doctrine.”

In re Holler, 463 B.R. 733 (Bankr. E.D. Pa. 2011). · cites it 2× “23 Pa.C.S. § 4102. The claim against the non-purchasing spouse, however, may be satisfied solely out of that spouse’s separate property.”

In Re Arlene P. O'lexa, Debtor. Charles O. Zebley, Jr., Tr., 476 F.3d 177 (3rd Cir. 2007). “” 23 Pa.C.S. § 4102 (emphasis added). As the trustee acknowledges, there does not appear to be Pennsylvania case law discussing whether this statute allows creditors of a debtor spouse to reach entireties property.”

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