How can I get a court order to removemy husbandfrom our home?

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How can I get a court order to removemy husbandfrom our home?

I am going through a divorce however this process has been going on for a year now and both he and I still are residing under the same roof. He is currently not paying any bills, including the mortgage, and does not contribute to anything that has to do with the house. Also, I have multiple sclerosis and stress is one of the worst things for me. Living with him is not helping my MS due to his constant harrassment and mental abuse.

Asked on August 9, 2010 under Family Law, Pennsylvania

Answers:

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

Answered 13 years ago | Contributor

I am so sorry for your situation.  You say that you have started the divorce process already.  Are you using an attorney?  When you filed you should have requested "pendente relief" meaning temporary relief requested from the Judge until the matter can be fully resolved.  This usually includes the use and occupancy of the marital home.  But it is not too late.  You can still make a "motion" which is a formal request in court for the relief.  State in the motion the reasons why and get a formal order that requires him to pay his portion of the house.  Seek help with all of this and be well.  Good luck.


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