Can I ask my wife to leave our home for a separation?

I owned my house solely for 2 1/2 years prior to getting married to her. She has also separated herself from the house and me twice prior.

Asked on October 24, 2011 under Family Law, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

Until you have a formal separation agreemnt or other court order that addresses just which spouse as the right to possession and control of the premises, you cannot ask your wife to leave the home (unless of course she agress to).

The fact is that no matter whose name is on the deed, at this point the house is considered to be the "marital residence" and accordingly both parties have equal rights to possession. Once a final divorce decree is issued the issue will be settled. And since it's your separate property the house should be awarded to you.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights and remedies.


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