Can I Force My Wife To Leave Our Home?

marital homeQuestion:

My wife and I are getting divorced. We currently live in a home owned by my brother.

How can I force her to vacate the property?


Please note that I am licensed to practice in Pennsylvania and will answer your question based on my knowledge and experience in Pennsylvania.

In Pennsylvania, in order to compel the opposing party to vacate the marital residence, a party may file a petition for exclusive possession with the court.

Philadelphia Divorce Attorney Jaimie Collins
Philadelphia Divorce Attorney Jaimie Collins

If the parties are residing in a non-marital residence, then the matter is outside the area of family law, and instead an issue of property law between the landlord and tenants.

You should consult with an attorney barred in your state to discuss the facts of your divorce case and your options further.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on,, and, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Can I Force My Wife To Leave Our Home?

    I have been separated from my wife for 6 1/2 years. We both chone this situation to help the two children thru a peaceful divorce. The two children are home schooled.
    After all this time, she goes against everything we talked about, she files for a divorce, kept my sons from me for 7 months, she lives in my parents home in which she changed the locks and got security cameras, she wants full custody, lifetime alimony and child support while she lives in the home and home school our children. I believe she planned it all along.
    Do you have any advice on a approach to this situation? I’m lost.

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