Legal Question in Family Law in Pennsylvania

Divorce

My daughter-in-law is leaving my son and taking the children (ages 4 & 6) back to her home town. She informed me that all she is taking at the moment are the children's clothes, toys and her belongings. She plans on returning to the house they own at a later time to gather other items. Does my son have any rights to deny her entrance back into the home?


Asked on 12/10/08, 8:47 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Divorce

You asked about denying entrance to a jointly owned home.

Generally, one owner cannot enjoin another owner from entry to a premise without the assistance of the court.

This matter should be resolved as amicably as possible, if necessary, get a disinterested third party to negotiate.

She can return and she can retrieve items that are clearly hers, but any community property or your son's personal property should be inventoried and should not be removed from the premises. Her property should also be inventoried before removal and thereafter any property that is disputed may be discussed while it remains in the marital home.

Regards,

Roger

Regards,

Roger

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Answered on 12/10/08, 11:02 pm


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