If my husband and I are going to file for divorce and I have asked him to leave but he won’t, can I make him leave?

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If my husband and I are going to file for divorce and I have asked him to leave but he won’t, can I make him leave?

We both own the house?

Asked on February 11, 2019 under Family Law, Pennsylvania

Answers:

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

Answered 2 years ago | Contributor

Unless you get your husband to sign a formal separation agreement giving you the sole right to live in the house, then until a final decree of divorce has been issued which states just which one of you has the right to exclusive occupancy, you cannot make your husband leave. This is because, your abode is still considered to be the "loint marital residence". This is true no matter whose name the deedis in.


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