QUESTION
I'm disabled, due to my injury I haven't worked in 7 months. I moved into the basement after my wife got Covid. Can she kick me out of the house?
Asked on Oct 04th, 2021 on Divorce - Pennsylvania
More details to this question:
I had an injury & my doctor has not clear me to return to work. I applied for light duty at my job but I was denied due to my restrictions. I filed an EEO, my hearing date is 10/6/21. I was referred to the Reasonable Accommodation Committee at my job to see if my condition could be covered under the disabilities act. Recently my wife brought her family members into the marital home to pack my belongings in trash bags & threatened to throw them out. I was awakened by her uncle who was standing over me as I slept on the basement floor. On 9/6/21 she filed a protective order in an attempt to remove me from the marital home. I had to seek shelter elsewhere for 5 days until the hearing date. The police allowed me to enter the home to grab my medication & some toiletries. The order was denied. She recently ordered me to vacate her home in 30 days. I've been borrowing money from friends & family to pay for my food & help with the electric bill for the residence.
1 ANSWER
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If you don’t own the house, the same may still be marital property. Marital property is defined as property acquired from the date of the marriage to the date of separation. Accordingly, you could point out that she might owe you money which is at least some leverage for an agreement. Theoretically, you could ask the court for special relief precluding her evicting you until the case is resolved.
Also, if the PFA was denied, she could be liable for filing a false petition, but it all depends on the facts and whether there was any good faith basis. Once again, it is at least some leverage.
Barring your attempt at obtaining special relief, your wife can seek to evict you under Landlord Tenant Law.
I hope this answers your questions but feel free to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on Oct 08th, 2021 at 9:11 AM