Legal Question in Family Law in Pennsylvania

I am going through a divorce. Husband moving out of our house. He says as long as his name is on the mortgage, he can come and go as he pleases. Is this correct? Considering I will be solely paying the mortgage, may I not set any boundaries?


Asked on 2/12/11, 9:49 am

2 Answers from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

He is correct. However, once the divorce complaint is filed, a petition can be filed asked that you be granted exclusive possession of the home pending equitable distribution of the assets.

If you don't already have an attorney, you should retain one as the divorce process is rather complicated when equitable distribution is involved. If you do have an attorney and you would like your husband to not have access to the house, you should ask the attorney to file a petition to get you exclusive possession.

If you do not have an attorney and would like to discuss this further, feel free to give me a call. I offer free phone consultations.

Justin C Gearty Jr;

717-490-6325

[email protected]

http://www.geartylawoffices.com

DISCLAIMER: THis post is for educational purposes only and does not create an attorney-client relationship.

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Answered on 2/12/11, 1:46 pm
John Davidson Law Office of John A. Davidson

A dissent here, whether his name is on the mortgage doesn't affect right to come and go, What controls is if his name is on the deed or even if his name wasn't on the deed but was purchased during the marriage.

Further, even if your husband is a lawyer and especially if he isn't why would you believe him. He could be wrong or he could be misleading you.

{John}

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Answered on 2/13/11, 4:47 am


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