Pennsylvania Eviction Notice for Spouse
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FAQ
If you move out, it could weaken your position with regard to child custody, depending if you wish to keep the family home after your divorce is resolved. Under Pennsylvania's Child Custody Statute, the Pennsylvania Courts use the ?best interest of the child? standard when evaluating the custody rights of each parent.
In order for a spouse's departure to be considered marital abandonment, it must be ?willful and malicious? without a reasonable cause.? There must be no reason, like abuse or an affair, leading up to the departure and the spouse must have been gone for at least one year.
If you have a valid agreement in place that addresses who will stay in the house and who will move out, you have leverage through that agreement for keeping your spouse out. Without such an agreement you may have to get a court order from the judge to keep them out if they insist on moving back in.
Getting a court order- Pendente Lite Even if your spouse's name is not on the deed and the monthly mortgage payments come from your paycheck, you can't simply evict them. Courts in New York will generally not remove someone from their own home unless they are a danger to their spouse and/or children.
Pennsylvania law doesn't punish a spouse for moving out when the marriage relationship is over. Desertion is a grounds for a fault-based divorce, but that means more than just changing your address. The fact that you moved out first doesn't eliminate your right to an equitable division of the home's value.
One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claims.
In Pennsylvania, both spouses have a right to be in and/or on a marital property that is owned or rented jointly by the parties. Generally, courts will not evict one party from the residence if the parties appear to be residing together peacefully, albeit separately.
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.
