Can i kick my wife out?

I live with my parents in a home they they are rented. My name and her name are
not on the lease. She has packed all her stuff up and moved it out of the house.
She never did a change of address so her mail still comes to my house. She
refused to sign the divorce papers and now has started to move back in. I don’t
wanna be with her and don’t know what to do to get her out.

Asked on April 6, 2017 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

YOU cannot exclude her: one spouse may not remove or lock-out the other spouse from a home they shared, and if the other spouse moved out, she must be allowed back in.
But if your parents are the actual renters/tenants and you and your wife are guests of theirs, your parents can require her to leave--they are not barred from removing her, since the lawful owners or renters of premises can ask any guest (even an in-law) to leave at any time. If she will not leave, they can file an action for "ejectment"--basically, eviction for nonpayments--to remove her; again, they would have to do this, since they are the one with possession of and control over the unit, not you.


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