Legal Question in Family Law in Pennsylvania

If a judge stated that my wife is the de facto parent, but stated she could not remove the kids from our home. What does this mean? We have recently started a divorce and she was always a stay at home mom, but she has a business degree. I have to work because she doesn't and I do it all the time, because we can NOT afford it if I don't! I am still living in the home, and I want the home, and she can NOT afford the buy it from me.


Asked on 10/26/11, 11:52 am

1 Answer from Attorneys

I have no idea as you really do not give me enough information. I think it means that there was some kind of action for custody between you and your wife. Your wife is a stay at home mom and is the primary custodial parent. She can move to another state or another place, but she cannot take the children.

I don't understand how you can be separated and still living in the home. Somebody has got to go to get the divorce rolling unless the court has decided that you can live in half the home and still be separated.

Regardless of who gets to stay or go, ownership of the home is unchanged and will be decided in what is called equitable distribution. If the home was bought during the marriage, then its marital. Either she will get the home and buy you out, you will get the home and buy her out or the court will order it to be sold. It may be that if the home cannot be sold (market conditions) and as part of your alimony/support, you might be ordered to keep paying for the home until the youngest child turns 18, at which point it will be sold.

A lot of this depends on the age of the children, which parent was the primary caretaker, the parties' ages and health, their ability to acquire other assets, the existence of other assets and whether they are marital and a bunch of other factors.

You need to see a family law attorney NOW if you have not already done so.

Read more
Answered on 10/26/11, 5:29 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania