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Does he have a right to the marital home?

If a person has never paid a cent towards the marital home, are they still entitled to it during the divorce? My ex-husband was a free-loader who was often unemployed. We are now on the brink of divorce and he is threatening to pursue possession of our home (my home). He has never paid a bill nor has put a red cent towards our house, but I’m afraid he may have a case. What can I do?


3 Answers


In Pennsylvania, the court can award one spouse possession of the marital home during the divorce action. This is called Exclusive Possession. One of the factors the court can consider is the ability of the spouse residing in the home to care for and pay for the house during the divorce. In order to get Exclusive Possession, you must have a Court Order. Exclusive Possession Orders can be granted as part of the divorce case or can also be granted as part of a Protection from Abuse (PFA) Order. Exclusive Possession is not routinely granted in Pennsylvania. Because every case is unique and because the choices you make at the beginning of your separation and divorce can have long lasting effects, you should consult with an attorney to learn how to best handle your specific situation. We offer free telephone consultations daily and are happy to discuss your case with you.


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