Legal Question in Family Law in Pennsylvania
I am separated and live in PA. My husband has agreed to sign an exclusive possession of marital residence giving me the house until we decide legally what to do. I am finding very confusing information on this online. Is there a way to file this document that is not adversarial? Is there another option to give me exclusive rights to the house until we take the next steps?
1 Answer from Attorneys
There is no need to file an agreement which may be contractually enforced when a divorce case is filed. The key is to assure the agreement is drafted in such a way that it is enforceable. A crucial component of any enforceable agreement is consideration which is a legal term describing what each party received out of the deal. If he is getting nothing for the agreement, it lacks consideration and is not enforceable.
I would be happy to advise you further on a free initial basis.