divorce

What is the name of your state? Pa.

Was wondering if the wife wants to split in the marriage because of unhappiness and alcohol abuse from spouse, does she have the right to ask the husband to leave their house?
If so, would she have to buy him out? There are 2 children involved which she would like to stay in the home with her.

[VG1013]

Originally posted by helpingoutdad
What is the name of your state? Pa.

Was wondering if the wife wants to split in the marriage because of unhappiness and alcohol abuse from spouse, does she have the right to ask the husband to leave their house?
If so, would she have to buy him out? There are 2 children involved which she would like to stay in the home with her.

~~~If children are involved, the parent who spends the most time with the kids, or provides their primary care, usually remains in the marital home with them. BUT...if, you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. She can request that you leave, but you don't have to. If your spouse changes the locks, or somehow prevents you from entering the home, you can call the police. The police will probably direct your spouse to open the door. When you both own the home, the only time you can get your spouse to leave is if domestic violence has been committed and a judge grants a restraining order. Pennsylvania is a "equitable property" state. Which means that all marital property acquired during the marriage should be divided equally. It is common for a divorcing couple to decide about dividing their property and debts themselves, rather than leave it to the judge. But if a couple cannot agree, they can submit their property dispute to the court, which will use state law to divide the property.