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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My husband is a state cop in pa and seems to know a lot that

Customer Question

My husband is a state cop in pa and seems to know a lot that he says I don't know anything and lawyers are ridiculous and are wrong... I mentioned that I had been considering moving back into our house and he said no. I have no right. That since I have
set up another "permanent" residence that according to "case law?" I have access to half the home when it is sold but am not able to come and go as I please and I am not allowed to move back..... Also he is finally getting around to making his own bank account.
I told him that legally according to my lawyer I can come do anything to the house as long as it is a good thing.. And that even though he pays me spousal support and child support that I still have access to the "marital monies". He says no and that my lawyer
is an idiot. he is tired of me spouting off about how we are still legally married even though now I have been in the same place for almost a year. I had moved into this trailer with the intent of moving back!. Although pa doesn't even seem to care re: adultery
also....so once again he is telling me things that he swears are true and knows them because of his job and I believe his recent girlfriend worked for the district justice office.... Pls help
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

You can move back there at any time until you have agreed and signed such OR a court has ordered the house to one of you.

Expert:  Samuel II replied 1 year ago.

You're attorney is correct and your "estranged" spouse - no he is not your "ex"

Customer: replied 1 year ago.
U mean agreed and signed divorce papers? Also what about him changimg his bank account. And me not having access to his money? How does that affect me for our divorce whenever it happens. No papers have been filed. He has been enjoying living up at our house (70 acres with pond and hunting season coming..
Expert:  Samuel II replied 1 year ago.

Yes. I understood nothing was filed. Discuss with your attorney the Marital Separation Agreement. Maybe consider going to mediation to see how the marital assets should be divided. The fact he has lived there will be taken into consideration. Any money that was marital will need to be included in that distinction.

Expert:  Samuel II replied 1 year ago.

And as I stated, if you move back the police cannot remove you. It's your home. And if it was bought during the marriage you are entitled to a share of the equity.

Customer: replied 1 year ago.
Our dtr is critically ill also and I don't like a nurse taking care of her while he is at work ...which is how it is set up now since he wanted 50/50. He has anger issues and has been a bully about all of this. He said since I didn't have a job that I couldn't live there as I couldn't pay for it.
Expert:  Samuel II replied 1 year ago.

You can request a change to any agreement regarding custody. It's done with a Modification.

Customer: replied 1 year ago.
if I moved back in and he tried to keep me out? What would I do?and do u have any idea what he is referring to about case law? And me having permanent residency? I had been afraid to even change my postal address to my new temporary place. And how is permanent residency vs. temporary decided anyway and what sneaky thing is he trying to pull. He gets very adamant about him being right because of all the time he's been around court? And we have no separation agreement since pa doesn't recognize it?
Customer: replied 1 year ago.
I figured since he was letting the house go into disrepair and I don't want to be separated from our dtr since our custody is week on week off which is dumb as a nurse wAtches her 12 hrs. 7-7. So since I am not to able to work it wod be b
Customer: replied 1 year ago.
Sorry getting sleepy
Expert:  Samuel II replied 1 year ago.

The concept of a legal separation does not exist in Pennsylvania. That is, unlike other states, spouses do not need to file a document requesting the court to issue a determination that they are officially separated, often referred to as a separate maintenance order. Instead, spouses may contract privately to physically separate and declare their marriage over. In so doing, they can contract for the division of their property.

In other words, if you two agree to a marital separation agreement, as to how the marital property will be distributed, it will be accepted by they courts.

I guess, I should have asked if the home was acquired during the marriage. If it was, then you are entitled to a share.

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