Legal Question in Family Law in Pennsylvania

If a spouse decides he/she does not want to be married any longer, does either of the spouses have the legal right to request that one or the other leave?


Asked on 12/27/11, 8:29 am

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

Either spouse may ask the other to leave, but if the other spouse refused to leave, then there won't be much that could be done to force the person out.

After the divorce complaint has been filed, your attorney could file a petition for exclusive possession of the marital property. If the court would grant this petition, then you would be granted exclusive possession of the home pending finalization of the divorce.

You certainly should retain a lawyer if you plan on filing for divorce. If you would like to discuss this further, please feel free to contact me. We offer free phone consultations.

Justin C. Gearty Jr., Esquire

Phone: 717-490-6325

Email: [email protected]

Website: www.GeartyLawOffices.com

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Answered on 12/27/11, 4:09 pm


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