Rule 70.Judgment for Specific Acts: Vesting Title

Rule 70 is one paragraph, identical to its civil counterpart, and it is the remedy where a judgment orders someone to do something rather than to pay. In a domestic relations case that usually means conveying the marital home or delivering documents.

Four remedies

Where a judgment directs a party to execute a conveyance of land, deliver deeds or other documents, or perform any other specific act, and the party fails to comply within the time specified, the court has a graduated set of answers:

• Performance by another. The court may direct the act to be done at the cost of the disobedient party by some other person the court appoints — and the act when so done has like effect as if done by the party.
• Attachment. On application of the party entitled to performance, the clerk shall issue a writ of attachment against the disobedient party's property to compel obedience. Note the verb: this one is the clerk's ministerial act, not a discretionary order.
• Contempt. The court may also, in proper cases, adjudge the party in contempt.
• Divesting and vesting title. Where real or personal property is within the Commonwealth, the court may, in lieu of directing a conveyance, enter a judgment divesting the title of any party and vesting it in others — and that judgment has the effect of a conveyance executed in due form of law.

The fourth is the most direct. It does not order anyone to sign anything; the judgment itself moves the title.

Possession

The closing sentence covers a different order: where any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk.