Can I evict my husband from my home?

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Can I evict my husband from my home?

I own the home – mortgage andlease is in my name. Records indicate that my husband owns nothing. Can my husband be entitled to 50% of my earnings and home even though records show he has earned next to nothing and has a judgement against him. I was laid off almost 3 years ago and recently got a new position but the stress of the marriage is affecting my work and I want him to leave the house but he won’t. Can he be evicted?

Asked on September 28, 2011 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Last I heard, Pennsylvania is an equitable distribution state and not a community property state.  That means that marital property is divided equitable not necessarily equally.  Now, when you say: I own the home, what exactly do you mean?   Was it yous prior to marriage?  Because if you purchased it after your marriage it is considered on the outset to be a marital asset, regardless of whose name it isin.  I think that  you should speak with an attorney in your area about the asset issue.  As for evicting him, that is not really an option.  So I think that you have to come up with an alternative there as well.  Good luck.   


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