Can my wife legally kick me out of house?

My wife and have been married for 1 year 5 months. Things aren’t going well and I was wondering if she could call the cops and have me removed from our apartment? I have nor would I ever lay a hand on her. If I tell her that I want a divorce, she will try to kick me out. If there is no physical contact or arguing, can she have me kicked out? I just want to stay here until I find a place of my own.

Asked on November 27, 2018 under Family Law, Pennsylvania

Answers:

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

Answered 1 year ago | Contributor

No, your wife cannot just kick you out, no matter whose name in on the lease. The fact is that unless and until there is a legal separation agreement in effect or a final decree of divorce has been issued which states just which one of you has a right to exclusively live in the apatment, it remains the "joint marital residence". this means that you both have a right to occupy it. That having been said, if your wife ever claims that she has been put in fear of her safety, then she can have you removed.


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