If I’ve been married 3 years and have owned the house we live in for 8 years prior to our marriage, can I force my spouse to leave in case of separation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’ve been married 3 years and have owned the house we live in for 8 years prior to our marriage, can I force my spouse to leave in case of separation?
The house is in my name only.
Asked on October 4, 2015 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No you cannot, at least not without a court order for example, a divorce decree, formal separation agreement, etc.. This is true no matter whose name the house is in. This is becasus it is still considered to be the marital residence.
Note If your spouse has put you in fear for your safety, you can get them removed by the police if the threat is immediate, otherwise you will need to obtain an emergency order.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.