How can I have my alcoholic husband removed from our home?

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How can I have my alcoholic husband removed from our home?

I care for my sick elderly parents in my home, my husband is a verbally abusive alcoholic who binge drinks for days on end, burning holes in furniture and carpeting with his cigarettes. Is it possible to have removed from our home? I fear for my sanity and my parents welfare. If I file for divorce would he have to leave?

Asked on October 19, 2010 under Family Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

Typically, unless the divorce has been finalized or you have gone to court and temporary orders have been issued giving your the exclusive right and possession to the house, there really isn't anything that you can do.  The house is still considered to be the joint marital residence.  However,  if he is putting you in fear for your personal physical safety or the safety of any other occupant (your parents), then you may be able to apply for a protective order which would result in his is being physically removed from the premises.  You need to speak with the police or a divorce attorney about all of this.

Note:  And whatever you do, do not be tempted to use a little self-help such as putting her things out in the street or even into storage.  There could be both criminal and civil penalties if you do.  


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