More details to this question:
I have been separated for over a year from my wife as we go through a divorce process. My ex moved out of the marital home, mutual agreement, in November. I live in the marital home and am paying the full expense. Given this is the marital home, she feels she can come and go whenever she pleases and I can't deny her access to the marital home. (She comes to do laundry weekly when she pleases) Today, she entered the marital home, without my knowledge, and has touched and moved my overnight guest's belongings. Questions are, 1. Must I allow her access to the home at any time or should it be an agreed to time? 2. Is she within her rights to dictate overnight guests? 3. Rhetorical question, but is she allowed to touch any property in the house that is knowingly not belonging to her or me? 4. What are my options here to deal with this?
1 ANSWER
Anthony Van Zwaren
This is still the marital home and thus, absent some written agreement or court order otherwise, she has the same rights to the house as you do. As to guests, again, this is still both your homes, so, although I don't think she can restrict who comes to visits, she may have a say in to who has access to the home. However, she has no right to touch or move your property or your guest's property. I would suggest that you discuss with your attorney that a written use agreement be prepared that outlines your rights and her rights to the house. Since you are paying the bills, she should not really have rights to say who lives at the house in her stead. But you may need to go to court to have an agreement fashioned if the wife does not cooperate.
Answered on Jun 15th, 2017 at 12:13 PM