Can my husband kick me out

UPDATED: Oct 1, 2022

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Can my husband kick me out

We live in a house we rent from his friend. I found out that my husband is applying for a mortgage without me and trying to buy this house from his friend. He says once he owns he will throw me out or move out and hike up the rent and make me pay so the high rent will force me out. He says that he can do this if he files for separation and he owns it he can make me leave. My son from previous is very happy here. Can he really kick us out?

Asked on November 24, 2017 under Family Law, Pennsylvania


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

Answered 5 years ago | Contributor

So this is not an easy "yes" or "no" kind of question to give guidance on.  If your husband is using funds earned during the marriage to purchase the home then regardless of whose name it is on it could still be considered marital property.  Even if he buys it after he files.  But I think that regardless of if he is allowed to di what he threatens, he is still going to do it.  But understand if he "jacks up the rent" and tries to "evict you" he will have to prove many things, like a lease between the two of you, in order to bring you to landlord tenant court.  And I think any Judge worth his or her weight in anything would throw that case out or refer the matter to the divorce court Judge.  I think that you will likely need to hire an attorney after he files and serves you and the attorney can file a pendente lite motion - one that is made during the pendency of the matrimonial proceeding - that asks for exclsuive use and occupancy of the marital home and for funds for support.  Good luck.

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