How to Evict a Spouse in Pennsylvania
If you are getting a divorce or separation from your spouse, you may want to remove your spouse from the marital home. However, in general, a Pennsylvania court will not evict a spouse during a pending separation or divorce. Under the law, the court can award one spouse the residence on a temporary basis, but this is more likely to occur when one spouse receives a protection from abuse order. If your spouse is abusive toward you or your children and he still lives with you, you will need to receive a protection order from the court to evict him.
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Things You'll Need
- Petition
- Temporary Protection from Abuse order
- Notice of Hearing and Order
- Proof of Service Affidavit
- Final Order
Instructions
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Complete a petition for protection against abuse. You will need to provide your name, your spouse's name and the names of the children you have with your spouse, plus your spouse's criminal history, date of birth, Social Security number and other identifying information, such as hair color and height.
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File the original petition and two copies in a Pennsylvania family court in your area. Wait at the courthouse for a decision by the court. At that time, the court can grant you a Temporary Protection from Abuse Order. If granted, you will receive a copy of this order. You will also receive a Notice of Hearing and Order.
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Serve your spouse with the petition, the Temporary Protection from Abuse Order (if it was granted) and the Notice of Hearing and Order. An adult must deliver the documents to your spouse. The person who delivers the document must complete a proof-of-service affidavit.
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Attend the hearing. You must attend the hearing or the court will dismiss your petition and temporary protection order. You must prove the abuse has occurred or that you have a reasonable fear that your spouse will cause imminent harm to you or your children. The court may decide to grant your request and issue a Final Protection Order. The order can last up to three years and can make a variety of directives, including evicting your spouse from the marital residence.
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Tips & Warnings
Even if the court orders the removal of your spouse from the marital residence, this does not mean you will remain in possession of the home when the divorce is finalized. This is because Pennsylvania distributes property according to the theory of equitable distribution, which means the court will divide marital property fairly rather than equally. Therefore, it is possible that the court will award your spouse the home in the divorce settlement.
