Legal Question in Real Estate Law in Pennsylvania
I live in Turtle Creek, PA. My wife filed for divorce & the 90 day waiting period will end Feb. 23rd. She originally said I could stay in the house until June, 2017. I said June 2016 would be better or things may get awkward. In the mean time, approximately the end of Dec 2015, I upset her & she demanded I leave by Feb. 1st, 2016. I said fine, because she has anger management issues & vast connections in the video game development community, so it'd be very easy for her to keep me from getting hired. Game development is what I went to college for, so if she put word or rumors out that kept me from getting a job, it'd be devastating. So I said fine about moving by the 1st of Feb. because I was afraid of her. This exchange happened via text message, so she has proof I "agreed to leave", I guess. I changed my mind a few weeks later, don't want to leave yet & she's threatening to take me to court, using the text agreement to get me evicted. Plus, our prenuptial agreement says that upon our separation, I will find another place to live. She says we've been separated since July 2015 when I moved out of our 2nd floor bedroom, into the basement bedroom to give her space because she felt smothered. However, we interacted daily, even slept together & had sex multiple times, etc, so I don't consider us separated. Also, the divorce isn't even final yet & she's trying to enforce what the prenup says about me moving when we separate, but we aren't separated in my eyes. So she's using the text agreement I made out of fear of her wrath as her basis for kicking me out after Feb 1st. Also, she contacted the landlord at the beginning of Jan & took my name off the lease without my knowledge, beginning Feb 1st, using what the prenup said about me finding another place to live upon separation, but again, I don't consider us separated. So my question is, can she lawyer up & legally kick me out Feb 1st because of the text & was taking me off the lease in Jan, effective Feb 1st illegal?
1 Answer from Attorneys
Thank you for your question. It would be difficult for your wife to keep you out of the marital residence because the agreement you signed and in which you agreed to move out upon separation can be looked upon as you would look upon a contract. The contract must be supported by consideration in order to be enforceable. Look at it this way - you agreed to move out and she would have sole occupancy of the 'marital residence', but what did you receive in return for giving up the right to occupy the marital residence ? In the absence of any abuse, I cannot see on what grounds a Court would enforce that agreement. Even if your wife retained the services of an Attorney, he/she would have to ask your wife the same question, 'Well your husband gave up his right to occupy the marital residence, but what did you give him in return?' When she answers that she gave you nothing in return and there was no abuse involved, the attorney would have to tell her the same thing I am telling you - that it would be difficult to enforce this agreement because you received nothing in return for giving up your right to occupy the marital residence.
Your wife is probably playing on your fear that she can make remarks that would prevent you from being employed in your chosen profession. To that, I would say that you should not show her any fear. If you believe that she will make good on her threats to ruin your reputation, then i would strongly suggest that you see an attorney so that if she takes any steps towards making good on her threats to slander your name and reputation, the attorney should send her a letter, informing her in no uncertain terms that she will find herself named as a defendant in your lawsuit against her for slander. Then, if she persists, you should stay true to your word and file a lawsuit against her for slander. That will certainly let her know that you were not bluffing and that you will not stand idly by while she mars your name and reputation.
However, you also have to contend with the landlord removing your name from the lease. If the lease term was still in effect, then the landlord could not legally remove your name from the lease without incurring liability to you, just because your wife asked him to do so. Therefore, the landlord cannot legally prevent you from occupying the leased premises.
Kindest regards,
ANDREA G. TILLIS
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