If I moved into the home that my wife owned prior to our marriage, during a separation/divorce process what are my legal rights to stay in the house?
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If I moved into the home that my wife owned prior to our marriage, during a separation/divorce process what are my legal rights to stay in the house?
It is solely in her name.
Asked on July 4, 2015 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Whether or not she owns the house, she cannot throw you out. The fact is that since this is the home that you both shared as husband and wife, it is considered to be the "marital residence". Therefore, both spouses have equal rights to occupy it. Until your divorce is final or there is another court order addressing this issue, you can stay.
Note: This assumes that you have not put your wife in fear for her safety or the like. In that event she could obtain an emergency order and have you removed.
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