Laczkowski v. Laczkowski

TAMILIA, Judge:

This case presents the novel, yet important, issue of whether section 401 of the Divorce Code1 empowers our courts to enter an Order giving a wife (and child) the right to reside in the marital residence until equitable distribution is made, and further ordering the husband to vacate said premises. Since this is an issue of first impression in this Commonwealth, we have reviewed the law of two leading jurisdictions which have addressed this question and conclude that the Order of the lower court should be affirmed.

The appellee, Linda Claire Laczkowski, and the appellant, Edward…