MILLER v. MILLER


44 Pa. D. & C. 2d 399 (1968)

Miller v. Miller

Common Pleas Court of York County, Pennsylvania.

January 19, 1968.


Attorney(s) appearing for the Case

Gilbert G. Malone, Stock & Leader, for plaintiff.

Donald H. Yost, Wogan, Elsesser & Yost, for defendant.


SHADLE, J., January 19, 1968.

This case presents the narrow issue of whether married but separated spouses may obtain partition of real estate owned by them as tenants by entireties.

The parties were married on July 29, 1945, and on September 20, 1945, acquired the real estate in question as tenants by entireties. Plaintiff-wife, in an action in equity, seeks partition of the property, alleging in her complaint that defendant-husband "is now in exclusive possession...

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