QUESTION
What does Pennsylvania law says about wife seeking to remove husband from the house that she has a deed in her name only but both pay mortgage?
Asked on Apr 16th, 2013 on Divorce - Pennsylvania
2 ANSWERS
3 Awards
Only way you can get him out is if he agrees, you file and get a PFA order, or you hire an attorney to file a motion for exclusive possession. As far as ownership in the house, if you acquired it before the marriage it is non marital property and he only has a claim to the increase in value from the date of marriage to the date of separation . if it was acquired during the marriage, it is considered to be marital property and he will have an interest in the home.
Answered on Apr 22nd, 2013 at 8:03 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
David M. Axinn
There are actually two separate questions here: Can the Wife remove the Husband from the home while a divorce is going on, and does the Husband have any rights in the property. 1. The Wife may be able to get a temporary order giving her possession of the home, either in a protection from abuse proceeding, or a divorce. In a divorce case, the Judge has a lot of discretion to decide who can live in the home until the house is divided. 2. In a divorce, the Husband could have a claim on the property if it was acquired during the marriage, or if it increased in value during the marriage. When determining the increase in value, the reduction in the amount of the mortgage would be considered. You should sit down with a divorce lawyer to discuss these questions, which are not simple.
Answered on Apr 18th, 2013 at 4:37 PM