Legal Question in Family Law in Pennsylvania

if a husband gives a wife a typed and signed letter stating that she has 30 days to vacate the premises where she lives with him, but her name is not on the lease can he legally do this?


Asked on 8/07/09, 11:09 am

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

If the wife's name is not on the lease she technically is not a party to the lease and not obligated for the terms of the lease. However the marital relationship creates certain rights in the other marriage partner not a party to the lease. Ot is possible that if a divorce proceeding were instituted she may be able to get a special order for relief to have exclusive possession of the marital premises. Much of this is academic because the landlord can terminate the lease if terms of the lease are violated. The issue seems to involve a domestic situation best settled by the courts. You should review all of the facts with a lawyer who could then determine what appropriate action to take.

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Answered on 8/13/09, 5:00 pm


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