A prickly issue that may arise when parties separate is who gets to stay in the marital residence during the parties’ separation period. In Pennsylvania, both spouses have a right to be in and/or on a marital property that is owned or rented jointly by the parties. Generally, courts will not evict one party from the residence if the parties appear to be residing together peacefully, albeit separately. So the question arises, what happens if one party voluntarily vacates the residence?

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