If I moved into the home that my wife owned prior to our marriage, during a separation/divorce process what are my legal rights to stay in the house?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I moved into the home that my wife owned prior to our marriage, during a separation/divorce process what are my legal rights to stay in the house?

It is solely in her name.

Asked on July 4, 2015 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether or not she owns the house, she cannot throw you out. The fact is that since this is the home that you both shared as husband and wife, it is considered to be the "marital residence". Therefore, both spouses have equal rights to occupy it. Until your divorce is final or there is another court order addressing this issue, you can stay.

Note: This assumes that you have not put your wife in fear for her safety or the like. In that event she could obtain an emergency order and have you removed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption