Can I kick my wife out of out house?

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Can I kick my wife out of out house?

I will be filing for divorce very shortly from my wife; we have a 17 year old son and a house but nothing else. This decision is mutual; our marriage has been over for 7 years. We agreed to eventually sell the house. She contributes nothing financially and I struggle to stay afloat. She now disappears almost every weekend. I want her out now. Can I force her to leave now while I go ahead and file?

Asked on September 14, 2019 under Family Law, Pennsylvania

Answers:

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

Answered 1 year ago | Contributor

Until there is a final decree of divorce that has been issued or a legal separation agreement that has been entered into which states just which one of you has the right to exclusive possession, the house remains the "joint marital residence". This means that you both have the right to live there regardless of whether or not your wife has contributed financially. 


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