Can One Spouse Evict The Other?

[selhars]

Pennsylvania:
Can my brother in (Phila, PA) evict his wife from a house he bought after they were married but only his name is on? Mortgage and deed in his name alone.

I've googled this question and it's amazing how answers conflict. Either he can or he can't. I'm trying to find out DEFINITIVELY....and not just from people spouting stuff they aren't darn sure about.

He's been told -- he says, by someone with legal expertise who should know -- that his wife has an spousal/marital "INTEREST" in the property -- but that's not the same as having the right to "ACCESS" the property.

Yes, the house is a marital asset...and yes, were he to sell it or were there to be a divorce, he'd have to compensate her for her 'interest' on paper as his spouse -- but that is NOT the same as saying she has a right to LIVE IN the house. So he can, in reality, have her evicted (or forced) from the home. Doesn't mean it won't be DIFFICULT to do, but it CAN be done.

I'm trying to confirm this is true from multiple knowledgeable sources here....is that true?

 

[Zigner]

Pennsylvania:
Can my brother in (Phila, PA) evict his wife from a house he bought after they were married but only his name is on? Mortgage and deed in his name alone.

I've googled this question and it's amazing how answers conflict. Either he can or he can't. I'm trying to find out DEFINITIVELY....and not just from people spouting stuff they aren't darn sure about.

He's been told -- he says, by someone with legal expertise who should know -- that his wife has an spousal/marital "INTEREST" in the property -- but that's not the same as having the right to "ACCESS" the property.

Yes, the house is a marital asset...and yes, were he to sell it or were there to be a divorce, he'd have to compensate her for her 'interest' on paper as his spouse -- but that is NOT the same as saying she has a right to LIVE IN the house. So he can, in reality, have her evicted (or forced) from the home. Doesn't mean it won't be DIFFICULT to do, but it CAN be done.

I'm trying to confirm this is true from multiple knowledgeable sources here....is that true?

Unless ordered otherwise by a court, she has a right to access her marital home.

 

[sandyclaus]

Pennsylvania:
Can my brother in (Phila, PA) evict his wife from a house he bought after they were married but only his name is on? Mortgage and deed in his name alone.

I've googled this question and it's amazing how answers conflict. Either he can or he can't. I'm trying to find out DEFINITIVELY....and not just from people spouting stuff they aren't darn sure about.

He's been told -- he says, by someone with legal expertise who should know -- that his wife has an spousal/marital "INTEREST" in the property -- but that's not the same as having the right to "ACCESS" the property.

Yes, the house is a marital asset...and yes, were he to sell it or were there to be a divorce, he'd have to compensate her for her 'interest' on paper as his spouse -- but that is NOT the same as saying she has a right to LIVE IN the house. So he can, in reality, have her evicted (or forced) from the home. Doesn't mean it won't be DIFFICULT to do, but it CAN be done.

I'm trying to confirm this is true from multiple knowledgeable sources here....is that true?

Short answer? NO.

Pennsylvania is an equitable distribution state. Under the law, all property acquired during marriage, regardless of whose name it is in, is part of the marital estate and is subject to equitable distribution upon divorce. As such, even though he believes he owns the house separately from her, it's still marital property subject to division by the courts.

More importantly, it is the marital home, which means she legally has just as much right to live there as he does until the court says otherwise.

 

[LdiJ]

Short answer? NO.

Pennsylvania is an equitable distribution state. Under the law, all property acquired during marriage, regardless of whose name it is in, is part of the marital estate and is subject to equitable distribution upon divorce. As such, even though he believes he owns the house separately from her, it's still marital property subject to division by the courts.

More importantly, it is the marital home, which means she legally has just as much right to live there as he does until the court says otherwise.

AND...until a court say otherwise would not be in an eviction proceeding, it would be part of a divorce/legal separation proceeding.

 

[single317dad]

Yes, there are ways he can have her forced from the home. The same goes the other direction, tit for tat. As stated earlier, the process has nothing to do with eviction; it would be a preliminary court order for "exclusive possession" as part of the divorce proceeding (PA does not recognize legal separation, so it's divorce or bust).

There are some factors that give one party or another an advantage in asking for temporary exclusive possession of the marital estate. If one party has moved out, for instance, the other party is likely to be awarded possession. If one party is abusive to the extent that a protective order would be called for, then possession could be ordered at that time. If one party has typically been a homemaker and cares for the children in the home, and the other generally worked full-time outside the home, that person would have an advantage for possession. Absent these types of circumstances, it's a crapshoot.

If your brother is seeking legal advice on his personal situation, then a local divorce attorney would be a great place to start. If he tries to "kick his wife out" he may very well find himself out, with the county providing temporary room and board. Until there is a court order, she doesn't have to budge.

Now, if there's no pending action, and the property is in his name only, he could sell it...

 

[justalayman]

Now, if there's no pending action, and the property is in his name only, he could sell it...

maybe. It was purchased during the marriage and since there is no clarification otherwise, let's presume marital assets were used to pay for the house. That means the wife does have an interest in the house. If it is sold without the wife releasing all interest, she may have a claim against the title. That means a title insurance company is not likely to insure it and as such, a financed sale is unlikely.

selhars

I'm trying to confirm this is true from multiple knowledgeable sources here....is that true?

no, it's not true. You cannot evict a spouse from a marital home, regardless of whom owns it. Whether it is a marital asset or not has nothing to do with her right to remain in the home.