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max713
max713, Lawyer
Category: Family Law
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Can I just be kicked out of my house because the wife wants

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Can I just be kicked out of my house because the wife wants a divorce and we have no history of domestic violence.

max713 :

Hi. I apologize for your difficult circumstance, and thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.

If both spouses have an ownership interest in a house, one spouse cannot kick the other spouse out, until a divorce decree says otherwise (or there is a sale/transfer of interest in the house).

max713 :

Does that make sense?

Customer:

Of course it does but this is what I'm looking at.....when I arrive home today I will be told to leave or she'll make me leave, whatever that means. My concern is if I do leave just to let things calm down for a day or 2 max, am I looking at issue further down the road.

max713 :

In a no-fault state like Pennyslvania, abandonment would not be a major consideration. Hence, leaving would typically be unlikely to cause "major" issue down the road. However, one is still entitled to stay if he or she retains an ownership interest.

Customer:

Long term the house will be sold and she'll move south but I do have a 15yr old daughter to consider. I've been though the divorce thing before so not much will surprise me but forcing me out of the house just because she's pissed doesn't fly with me. I could live in the basement for all I care. I just wanted to validate what I already knew to be fact. To keep me out requires a court order. Thanks.

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