50 Pa. Stat. § 797

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 797 - Sale, mortgage, or lease of real estate of habitual drunkard; when authorized

The courts of common pleas of the several counties of this Commonwealth, in all cases where the legal title to real estate is held by a married woman or a married man whose spouse is an habitual drunkard duly so found by inquisition, shall have power to direct and authorize said married woman or married man to sell, mortgage, lease for years, and convey upon ground rent, the same or any part thereof, under the direction of said court of the proper county, whenever it shall appear to said court that said spouse is an habitual drunkard and that it is the interest of the owner of said real estate that the same should be sold, mortgaged, leased for years, or conveyed on ground rent, as the case may be: Provided, however, Where said spouse has no estate in his or her own right or one inadequate to his or her support, it shall be in the discretion of said court, by their order and decree, to make a reasonable provision for his or her support and maintenance out of said rents or proceeds of sale or mortgage so long as said spouse shall continue and habitual drunkard: Provided, further, That such sale shall divest said real estate from any estate or claim of dower and estate as tenants by the curtesy or any claim in the nature thereof.

50 P.S. § 797

1921, April 6, P.L. 99, § 1.