Can I evict my husband from my home?
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Can I evict my husband from my home?
I own the home – mortgage andlease is in my name. Records indicate that my husband owns nothing. Can my husband be entitled to 50% of my earnings and home even though records show he has earned next to nothing and has a judgement against him. I was laid off almost 3 years ago and recently got a new position but the stress of the marriage is affecting my work and I want him to leave the house but he won’t. Can he be evicted?
Asked on September 28, 2011 under Family Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Last I heard, Pennsylvania is an equitable distribution state and not a community property state. That means that marital property is divided equitable not necessarily equally. Now, when you say: I own the home, what exactly do you mean? Was it yous prior to marriage? Because if you purchased it after your marriage it is considered on the outset to be a marital asset, regardless of whose name it isin. I think that you should speak with an attorney in your area about the asset issue. As for evicting him, that is not really an option. So I think that you have to come up with an alternative there as well. Good luck.
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