Can I Have My Spouse Removed From The Marital Residence During Our Divorce?

Exclusive Possession Of The Marital Residence

As a Berks County Divorce Attorney, attorney Guillama often has clients who, despite going through a divorce, continue to reside with his or her spouse. Obviously, when going through a divorce, and while living under the same roof, tensions can easily flare. When children are involved, the situation can become entirely unhealthy. Although each spouse has an ownership interest in the house, spouses sometimes find themselves in situations where they wish to get the other spouse out of the house or they wish to have the other spouse removed from the house. If there is no harm or threat to a spouse, such as where an individual could obtain a Protection from Abuse Order, the spouse who wishes to remain in the home to the exclusion of the other may wish to pursue a Court Order requiring the other spouse to vacate the premises.

Fortunately, the Pennsylvania Divorce Code recognizes this dilemma. Specifically, 23 Pa.C.S.A. Section 3502(c) is entitled “Family Home” and states “The Court may award, during the pendency of the action or otherwise, to one or both of the parties, the right to reside in the marital residence.” Accordingly, if you are in the process of being divorced and you find yourself in a situation where you are being asked to vacate your premises, or alternatively, if you wish for your spouse to leave the marital residence, contact Berks County Divorce to discuss your options.