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My daughter left her husband. She rented a duplex townhouse. She alone paid the retainer fee and signed the lease. She alowed he husband to move back with her once more. He has become verbally abusive. She wants to divorce him and is very afraid of him. He has lived with her for 21 months, but he has only paid her half rent for 5 months. She has asked her father to come from florida to help her, to ask her husband to get out. Can she legally throw him out and give him time to have his things moved? s
Optional Information: State/Country of Question: Pennsylvania Already Tried: Nothing, we want to do what is legal. She has an attorny to get emergency custody of her son.
Unfortunately, she cannot just force him out if he has set up his residence there. They are married, so there is no "half of the rent", "his money" or "her money." The court views all assets as marital assets... so it does not matter what he has paid. It does matter if he has or has not been living there, in which case it becomes an eviction issue. She doesn't have the legal autority to kick him out. Though teh court will do so shortly if he doesn't go. Since this is a rental agreement, the house/apartment is not a marital asset, and she will ultimately get posession of the residence. BUt she might have to get a court order to do so. You did not say if there were children involved, but that also complicates things. The best thing to do is just TRY to kick him out. Tell him he has to leave and get his stuff and go. The whole residence issue does not become a factor unless he refuses to go, and basically squats in her apartment, which would be very uncommon. If he decides to squat, it is pretty simple. She just needs to file teh divorce and ask for temporary orders giving her possession of the marital residence. Once the court orders this, he will have to move out. It will be pretty automatic, and shoudl only take a couple of weeks at most to get the Order, should she need it.
Experience: Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor