Gross McGinley LLP

gross-headerimg-1
Blog Disclaimer

Blog Disclaimer

This Blog is intended for educational and informational purposes and intended to only provide you with a general understanding of the law, not to provide any legal advice, including on the subject of the Blog. Laws that may pertain to this Blog will vary by jurisdiction, and the information on this blog may not apply to you. The content within this Blog is not intended, and should not be construed, in any way to be legal advice and thus you should not rely on any information provided in the Blog as legal advice. You should consult with appropriate legal counsel concerning any issues for which legal advice may be needed. Your review or use of the Blog and the content therein is not intended to create, and does not constitute, an attorney-client relationship. Please contact us if you have any questions about a Blog or would like more information, but, by contacting us, no attorney-client relationship is formed between you and Gross McGinley, LLP, including the Blog author. Do not send any confidential information to Gross McGinley, LLP or the authors of the Blog without first speaking to one of our lawyers and receiving our permission to provide confidential information. Unsolicited confidential information sent to us may not be subject to an attorney-client privilege and may not be treated as confidential. This Blog is not published for advertising or solicitation purposes. Gross McGinley, LLP disclaims all liability to all persons for any claim, loss, liability or any damages that may arise in connection with the Blog and any content or information contained in the Blog. Even though we strive to create our Blog content based on our current understanding of the law, we cannot and do not guarantee that the content and information in the Blog is current, accurate, or complete. Gross McGinley, LLP owns the copyright in the Blog, which is protected by federal and state laws, including copyright laws. The Blog cannot be altered or modified in any way. A copy of the Blog may be used and printed only for personal, educational, informational and noncommercial purposes. The Blog cannot be used for any other purpose without the express permission of Gross McGinley, LLP.

If I Move Out During a Divorce, Do I Give Up Rights to the House?

Written by: on July 26, 2013 | Category: Blog | Tags:

Ask an Attorney: Matrimonial & Family Law

Question: My spouse wants a divorce and wants me to move out of the house.  If I move out, do I give up rights to the house?

Answer:  The short answer to your question is, no.  Under Pennsylvania law, all property acquired during the marriage, regardless of how it is titled, is generally considered marital property.  This includes your house.  Unless there is a court order that says otherwise, both you and your spouse have the right to come and go as you please.  If you do leave, your spouse will likely be responsible for paying the mortgage and taxes as well as maintaining the property.  You do not give up your claim to a share of the net equity in the house during the property distribution part of the divorce but, it is important to realize that if you move out, your spouse may be able to obtain an order of exclusive possession.  This means that he/she would be entitled to live in the house, and prevent you from entering the home, until the divorce is finalized.

In short, if you are planning to leave, make a list of the household contents, take photographs and make copies of important documents like bank statements, retirement benefit statements, passports, and other financial information that could help your attorney assemble a complete picture of your financial affairs as part of the divorce.

Allen I. Tullar, Chair of the Matrimonial and Family Law Group, regularly counsels individuals in divorce, custody and child support matters.

Next Previous
View All Attorneys
View All Practice Areas
View Blog