Do I have a right to ask my husband to move out of the property if it is in both of our names?

My husband recently lost his job on top of the marital problems we are already
having. I am the sole provider at this point. Do I have a right to ask him to
move out even though the property is in both of our names?

Asked on June 7, 2016 under Family Law, Pennsylvania

Answers:

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

Answered 4 years ago | Contributor

Until there is a formal separation agreement in place or a divorce decree has been issued, both spouses have equal rights to occupy the "joint marital residence". This is true no matter whose names are on the deed. Consequently, you cannot ask your husband to move out; legally he can refuse to do so.


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