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I live in pennsylvania, I am a wife how agreed to leave our

Customer Question
home for 2 weeks to...
I live in pennsylvania, I am a wife how agreed to leave our home for 2 weeks to allow my husband some time to think if we could fix our marriage or divorce. We have a son who is 13. The first week I had our son at my parents home where I have been staying. The second week, which is this week, he has our son in our home. He is leaving for a busniness trip on Sunday and I plan to stay in the home and not leave. He says I cannot come back. What are my options? No divorce proceedings have be started or no legal separation has been started.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: pennsylvania
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have an appointment with a divorce lawyer on July 25.
Submitted: 4 months ago.Category: Family Law
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Answered in 3 minutes by:
7/14/2017
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 6,006
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Because you to share the family home, your husband cannot keep you out of the home for any reason. Thus, although you have decided temporarily to move out while you work on your issues, your husband is not a landlord and you are not a tenant, therefore you cannot be evicted or prohibited from entering the property for any reason. The only time that you would be able to be restricted from the property as if he had some sort of court order like a restraining order to prevent you from coming back onto the property. Otherwise, you are free to come and go on to the property as you see fit because this is the domicile of the marriage. My recommendation know when you meet with your lawyer later on his to ask what the living in custody situations going to be like. I have seen many cases where individuals did not have a formal agreement and it really end up complicating things beyond all understanding. However, if you have a reasonable agreement in place than everybody knows what's expected of them.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 4 months ago
We have no formal agreement. Who could I contact (i.e. police, sheriff, lawyer) if he changes the locks and/or he will not allow me to enter the home. Our son is there. We did agree I would have our son the week he went out on town for business. He still agrees with that but indicates I cannot stay at our house. He wants me to stay with my parents.
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

It's fine if you guys don't have a formal agreement. However, if you need to get back into your home then you should contact the sheriff's office if you changes the locks and won't allow you taken to her. The sheriff's office is going to be the one with the jurisdiction to handle this matter. The police aren't really going to be of much help and they'll just tell you that it's a civil matter. Did you have any other questions for me?

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 6,006
6,006 Satisfied Customers
Experience: Licensed to practice before state and federal court

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