Can I legally evict my wife from my home or even change the locks?

I have a property that I owned prior to my marriage. My wife and I have been separated for the last 3 years but she and 2 of our children still reside in the home. I currently still pay the mortgage at the residence. Keep in mind that my wife has a residential property as well; a property that her mother and aunt live in.

Asked on September 5, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

And this was the marital home, correct?  I think that if you attempted to "evict" her - by placing her in the category of a tenant which is unclear that she is by the facts you have given - the court would not wish to take the case and deem her a tenant.  I think that they would bounce the case back to you and tell you to file for divorce and claim this as separate property in that action.  Especially that your KIDS are living there.  And do not change the locks unless you have an agreement that gives you exclusive occupancy or a court order doing the same.  Time to speak with a matrimonial attorney. 


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