Legal Question in Family Law in Pennsylvania

Non-marital property

I have been separated from my husband since April. He has given me permission to remove my property purchased prior to our marriage from our rented house. My brother-in-law, who owns the property, says I must clear it with him from now on and that the local police have been notified. What trouble can I get into by removing property without clearing it through my brother-in-law? My husband is moving soon and I don't want to lose these items.


Asked on 1/20/08, 11:17 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Non-marital property

You asked about retrieving personal property from a rented house.

The landlord, no matter who it is, has no say over who does or does not have access to a rented property. The leaseholders are the sole possessors of the property so long as the lease is in place.

As a practical matter it sounds as if things have deteriorated and I would suggest removing your possessions as soon as possible. Get help (who can also act as a witness) and preferably do this while you husband is not there (prevents confrontations). Depending on the situation you may also wish to have police present. You should have a copy of the lease, along with proof of marriage if you are not named on the lease. Otherwise (if there is no lease or you can't get a copy) have some pieces of recent mail that were addressed to you at that address (bank or other household bills).

Good luck and regards,

Roger

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Answered on 1/21/08, 12:46 am


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