The Short Answer

Usually, not in the way people expect. In Pennsylvania, property held by spouses as tenants by the entireties generally does not become subject to a typical “co-owner partition sale” until after the divorce changes the form of ownership.

Instead, disputes about who keeps the home (or whether it should be sold) are commonly handled through the divorce court’s equitable distribution process.

What Pennsylvania Law Says

In Pennsylvania, the key issue is how title is held. Many married couples own their home as tenants by the entireties, which is a form of ownership tied to the marriage itself. When a divorce occurs, that ownership can convert into a tenancy in common—at which point a sale-and-division action becomes available unless the divorce court orders otherwise.

The Statute

The primary law governing this issue is 23 Pa.C.S. § 3507.

This statute establishes that after spouses are divorced, property they held as tenants by the entireties is generally held as tenants in common, and either former spouse may bring an action to have the property sold and the proceeds divided (subject to court orders and liens).

Also, if the property is part of the marital estate, Pennsylvania’s divorce court can equitably divide marital property upon request in the divorce action. See 23 Pa.C.S. § 3502.

For more background on partition disputes generally, you may find this helpful: Can a Co-Owner Be Ordered to Move Out During a Partition Dispute in Pennsylvania?

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to a separated-but-not-divorced situation is rarely simple. Legal outcomes often depend on:

• Title and timing: Whether the home is held as tenants by the entireties, joint tenants, or tenants in common—and whether a divorce decree has been entered and recorded—can change what remedies are available under 23 Pa.C.S. § 3507.
• Marital vs. nonmarital classification: Even if a partition sale is theoretically possible later, the divorce court may still treat the property (or part of its value) as marital property subject to equitable distribution under 23 Pa.C.S. § 3502, and “marital property” rules can turn on separation-date issues. See also 23 Pa.C.S. § 3501.
• Risk of court intervention if someone tries to move/sell/encumber assets: If one spouse attempts to dispose of or encumber property to affect equitable distribution, the court may have tools to address that. See 23 Pa.C.S. § 3505.

Trying to force a sale or “partition” at the wrong time can backfire—triggering delays, added litigation costs, or rulings that limit your options in the divorce case.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.