§ 3505. Disposition of property to defeat obligations
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: January 28, 2005
Effective: January 28, 2005
23 Pa.C.S.A. § 3505
§ 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.
(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.
Credits
1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 2004, Nov. 29, P.L. 1357, No. 175, § 4, effective in 60 days [Jan. 28, 2005].
23 Pa.C.S.A. § 3505, PA ST 23 Pa.C.S.A. § 3505
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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