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What do I need to do to file for exclusive possession of the marital home for me and my children?

Lebanon, PA |

I have been a stay at home mom for 17 years and have homeschooled for the last 5, returning to school myself, this last spring. That being said, I have no income, although I'm job hunting now, in spite of some chronic health issues and a possible case of mono, on which I'm still waiting for test results. Do I need an attorney to file for exclusive possession? Also, is there anywhere I can go for inexpensive or free legal help? My kids and I are tired of the disruption and mental and verbal abuse my husband brings every time he comes to the house at random. I have not been able to afford to file for divorce either, does that matter when trying to get possession?

Attorney Answers 1


  1. There are at least 3 avenues i can suggest for filing for exclusive possession. If there is actual physical harm or fear of physical harm, you could file a Protection From Abuse (PFA) against your husband either on behalf of your children or for yourself. If that isn't the case, you could add a count to a divorce complaint and request a hearing on same once you decide to file the complaint. A third potential avenue is to file a Petition for exclusive possession (probably less expensive then a divorce complaint) and request a hearing and have a judge order for you to have possession of the residence during the divorce process. REGARDLESS, i'd suggest you speak with a local attorney who can look over your issue in more detail and provide you a better option. There are many attorneys who will do free initial consultations and/or work out payment arangements on a monthly schedule. There are also some free legal aid services available in most counties. You should contact your local bar association to see what options are available.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. This answer does not create an attorney/client relationship and is for informational purposes only. More importantly, the information contained in this answer should not be relied on without first consulting with an attorney who practices in the related area in the related jurisdiction.

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