My wife and I live in a house that we rent from my mother.
If we get a divorce is it logical to assume that I and my children could remain here and she would be the one to have to move out of the marital home since my parent is the one who owns the property?
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.
In the absence of abuse being an issue, and if the parties can reside together somewhat peacefully for the time being, the court does not generally get involved in who lives where while a divorce is pending.
If the parties cannot live together (especially if there are issues that are affecting the children, such as terrible fights in front of the children), even for the remaining time while the overall issues are being resolved, the court has the ability to decide who leaves while the larger issues are being resolved.
This is a determination that is very fact-specific, and often involves a hearing on the matter if the parties cannot agree. One of the main facts that the court considers is who is the primary custodian of the children.
Read Related Articles:
All of that being said, your mother is the landlord. I do not know landlord tenant law, but your mom may have the ability to make this decision for the both of you, as she owns the property. She may want to take a look at the lease that you have with her, and perhaps talk to a landlord tenant attorney who can let her know what her rights and options are.
If she is able to terminate the lease with the both of you, you may be able to sign a new lease with her on your own without getting the family court involved at all.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pittsburgh Divorce Lawyer Jana Palko, contact Cordell & Cordell.