CHAPTER 41 SUPPORT, PROPERTY AND CONTRACTS -- General Provisions
(provided by Divorce Source, Inc.)
Published 6.30.98
Section 4101. Liability for debts contracted before marriage.
Section 4102. Proceedings in case of debts contracted for necessaries.
Section 4103. (Reserved).
Section 4104. Right of married person to separate earnings.
Section 4105. Loans between married persons.
Section 4106. Construction of chapter.
Section 4101. Liability for debts contracted before marriage.
(a) General rule.--A spouse is not liable for the debts of the other spouse contracted before marriage.
(b) Liability of property unaffected.--This chapter does not protect the property of a married person from liability for debts contracted by or in the name of the married person by any person authorized to so contract.
Section 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.
Section 4103. (Reserved).
Section 4104. Right of married person to separate earnings.
Except as otherwise provided in this title, the separate earnings of any married person of this Commonwealth, whether these earnings are wages for labor, salary, property, business or otherwise, shall accrue to and enure to the separate benefit and use of that married person independently of the other spouse, and so as not to be subject to any legal claim of the other spouse. However, in any action in which the ownership of such property is in dispute, the person claiming such property shall be compelled, in the first instance, to show title and ownership in the property.
Section 4105. Loans between married persons.
A married person may loan the other spouse money from the separate estate of the married person and take in security therefor a judgment or mortgage against the property of the other spouse which shall be valid as otherwise provided by law.
Section 4106. Construction of chapter.
This chapter shall not be construed to affect Part IV (relating to divorce).
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