Can a spouse ask to you move out by a certain date even if the divorcepapers have not been filed?

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Can a spouse ask to you move out by a certain date even if the divorcepapers have not been filed?

My son and daughter-in-law have decided to get a divorce. She has asked him to move out by the end of the month because it will effect her not getting cash assistance, etc from welfare. She has been trying to get SSD for bipolar and fiberminalgia. Nothing has been written or filed as of yet. Also not sure but the house was given to them as a wedding present (it is paid off) but it was only in her name (given by her mother). Does he have any rights on that part?

Asked on June 17, 2011 under Family Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your son's situation.  I think that he should seek legal counsel in your area before he moves out just so that someone can take a look at his assets in total, how they are held, and give him an idea of what the outcome could be.  Now, just because an asset is held in only one parities name it does not necessarily mean that it is only their asset. If it was given both of them as a wedding present and that can be proven then he will share in the house.  But I fear that her Mother is going to say it was a gift given her prior to the wedding, if that is possible, in order to have it remain just hers after the divorce.  He needs to get some guidance here and give some information as to timing, etc. Good luck.


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