Can My Wife Kick Me Out If The Marital Residence Is In Both Of Our Names?


My wife is trying to kick me out of the apartment during our divorce even though the lease, which is in both of our names, doesn’t expire for another few months.

She is trying to make my life miserable and has started attacking me trying to make me leave the marital residence.

I have just as much right to stay in the marital home as she does since the home is rented in both of our names, correct?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.

Throughout the pendency of a divorce action, if the parties’ home is rented in both parties’ names, neither party is required to leave prior to the expiration date of the lease. Unless such facts and circumstances warrant such relief, the court is generally hesitant at removing a spouse from the marital residence.

However, there are certain things that one must keep in mind when choosing to live with their spouse during the divorce action because such a decision could effect your living arrangements.

Where I practice, one spouse can bring what is known as a Protection From Abuse (PFA) Order against the other spouse if they have suffered “abuse” as defined in the Protection From Abuse Act.

Although emotional and mental abuse alone is not considered enough for one to be entitled to relief under the Act, “abuse” can be defined as causing or trying to cause physical harm, whether or not any weapon is involved, rape or sexual assault, or putting your spouse in reasonable fear of immediate and serious physical harm.

If a PFA is granted, the abusive spouse can be evicted from the marital home regardless if it is rented in both parties’ names.

Unfortunately, by living with a spouse who has made it known that she wants you to leave the home, you always run the risk of a false PFA being filed against you. As a result, a false PFA may lead to being evicted from your home.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Ashley Weiner, contact Cordell & Cordell.

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3 comments on “Can My Wife Kick Me Out If The Marital Residence Is In Both Of Our Names?

    Me and wife own our home and have joint mortgage…she changed the locks on me so when she went on holiday with our child I got back into the home and now she wants me to go or else she will take my son away and leave and also threatened to only let me see him through solicitors..what do I do?

    YES, MOVE OUT!!!!
    I followed the advice to not move out and guess what? I came home one night to two sheriff deputies serving me a vacate order due to an Emergency Protective Order. My wife claimed I “intimidated her” and then exaggerated and/or made up several instances of “abuse”. This caused me to lose my home and not see my son for 2 months. Besides, who in God’s name would want to share a residence with their estranged spouse? A judge will understand if you move out, it’s not that big of a deal. An EPO, on the other hand, has huge consequences and provides your spouse all the leverage she could ever want. Staying in the house is way to risky. GET OUT! Don’t think she won’t do it (the EPO) either. I never thought my ex would pull that stunt in a million years but she did it without blinking an eye.

    Should you move out?
    Absolutely NOT. Women often do this to try to gain upper hand in the divorce process. If you are living in the apartment and she wants you out then you will have a bargaining chip. Also, if you have children she will use the extra time with the kids to start poisoning them against their father. I moved out under duress of wife and it was a mistake.
    Dont do it. She can move out if she wants to.

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