My husband is separating from me but won’t leave until he gets on his feet. His name is not on the house. We live in PA. Can I legally ask him to leave?

Can I legally ask him to leave?

Asked on August 24, 2016 under Family Law, Pennsylvania


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

Answered 4 years ago | Contributor

Until there is a formal separation agreement in effect, you both have equal rights to occupy the house since it is still considered to be the "joint marital residence". This is true no matter whose name is on the deed. If you attempt to kick your husband out at this point, you can find yourself in legal trouble.

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