Legal Question in Family Law in Pennsylvania
legal question in domestic matter
I am considering filing for a divorce from my husband of 10 1/2 years and I have asked him to leave and he won't leave because he has no place to go. The home is in my name, however we did obtain the property together during the marriage. I tried calling the police and asking them to ask him to relinquish his keys to me and he can leave and they tell me they can't ask or force him to do that because that is not their responsibility.
My question is can I legally change the locks on the house and then file for a divorce or do I have to allow him to reside in the home????
2 Answers from Attorneys
Re: legal question in domestic matter
No.
Because you bought the house while you were married he is entitled to the entireties privilege. That is even though his name isn't on the deed it for practical matters is.
If you file for divorce one of the forms of special relief you can ask for is exclusive possession of the marital residence. Until then he has the right to stay.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: legal question in domestic matter
If it was purchased during the marriage it is marital propety. If you change the locks he can change them back. we could file a divorce complaint, and through that file a motion requesting that you have exclusive possession of the home, and get im out. Please contact me for a free consultation.
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