If I’ve been married 3 years and have owned the house we live in for 8 years prior to our marriage, can I force my spouse to leave in case of separation?

The house is in my name only.

Asked on October 4, 2015 under Family Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No you cannot, at least not without a court order for example, a divorce decree, formal separation agreement, etc.. This is true no matter whose name the house is in. This is becasus it is still considered to be the marital residence.
Note If your spouse has put you in fear for your safety, you can get them removed by the police if the threat is immediate, otherwise you will need to obtain an emergency order.

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