If I’m getting a divorce and the house is in his name, can he throw me out?

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If I’m getting a divorce and the house is in his name, can he throw me out?

I am planning on divorcing but wanted to know if he can throw me out before divorce is final. I have 2 minor children living in the house and 2 adult children from a previous marriage who pay to live there.

Asked on August 7, 2012 under Family Law, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Generally speaking, no, he can not throw you out.  But you failed to mention here if the house was purchased after you were married.  The general rule is that property purchased during a marriage is marital property regardless of whose name the deed is in.  When you file for divorce ask for exclusive use and occupancy of the home with temporary custody of the minor children.  Good luck.


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