My husband and I live with my parents and do not pay rent, can I legally kick him out?

My husband and I have been living with my parents in Pennsylvania for years and
do not pay rent. In fact, my parents often help us pay bills each month since
neither one of us is working. Unfortunately our marriage is no longer tenable as
we can’t even speak to each other civilly any more. My question is, can I kick
him out without notice since we’re not actually tenants? Are there legal steps I
should follow prior to telling him he has to leave?

Also, I’m worried he’ll try to take our dog and wonder how I can avoid a ‘custody
dispute’ over a pet. Any advice is greatly appreciated

Asked on February 26, 2016 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is your parent's home, you can't kick him out...but your parents could: they may do so since a non-rent-payer is not a tenant, but a guest, and the homeowners (or lawful tenants, if your parents rent their home) may ask a guest to leave at any time, for any reason. They may tell him to leave; if he won't, they could file an action for ejectment to have the court remove him. ("Ejectment" is basically eviction for nontenants.) If it comes to that, your parents are advised to hire an attorney to help them, since ejectment is more complicated than the average eviction action.


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