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Joseph, Family Law Attorney
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My wife left me and moved in with her boyfriend. They have

Resolved Question:

My wife left me and moved in with her boyfriend. They have been living together for 8 months with my son. I have him Mondays, Wednesdays and every other weekend. I pay child support and I'm not behind in my payments.

Last week my wife came into our jointly owned home. We had an argument and when she started to yell, I asked her to leave. When that didn't work, I told her to leave. Eventually, I threatened to call the police and have her removed from the property. After that that she left.

My questions are:

1. What are my rights under the above described circumstances and what are my wifes right?

2.I know she is entitled to half the equity of the house but does she have the right to come and go as she pleases on the because she part owner even though she doesn't live here any more?
Submitted: 5 years ago.
Category: Family Law
Expert:  Joseph replied 5 years ago.

As your wife has voluntarily removed herself from the house, she has given up her right to live there. As such, you may change the locks to prohibit her from simply coming in as she pleases. If she comes again and calls the police in an attempt to gain entry, simply tell them that she left 8 months ago, she has moved out her personal belongings, she no longer gets mail there, she has obtained a new address. That should resolve that issue.

 

I would suggest that you should look into hiring a family law attorney in the area. You are now experiencing what you should NOT simply allow things to remain as they are; you're having difficulties with the house, difficulties with her attempting to return and wondering what to do with the equity in the home.

 

As to the equity, in general, you are each entitled to 1/2 of the equity that accumulated during the marriage.

 

Customer: replied 5 years ago.
1. We have a verbal agreement that I would keep some of her furniture in the house until she could find bigger place or until I sold the house, which ever came first.

2. She is refusing to change her address but I have start forwarding her mail to the new address.
Expert:  Joseph replied 5 years ago.

These things are not a big deal. While I listed them in my initial post, they were simply arguments to be used in your favor, no one of them is controlling. However, to make your argument stronger, it would be beneficial to have ALL her items removed and to have the mail forwarded. Regardless, she has still given up her right to reside in the home.

 

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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Joseph
Joseph
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I have over a decade of experience as a Family Law litigator