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Ask John Quirke, Esq Your Own Question
John Quirke, Esq
John Quirke, Esq,
Category: Republic of Ireland Law
Satisfied Customers: 19
Experience:  Barrister at Law at Self Employed
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My boyfriend is still married, they started divorce proceedings,

Customer Question

My boyfriend is still married, they started divorce proceedings, the wife left him 18 month ago with the son and lives now with her parents. He lives now alone in the marital home. I started the relationship half year ago with him. His wife is acting absolute bonkers so far. I want to stay with him this summer for 10 days with my son in his house, because I live in Germany and want to come on summer vacation.
Is it possible for the wife to chuck me out of the house. Has she any legal right or get them to ban me from the house?
Thank you for your advice in advance?
Kind regards.
Julia
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  John Quirke, Esq replied 1 year ago.
I may require more information to answer this question definitively but it appears that your boyfriends wife would have no legal right to bar you from the propertyprovided he is the legal owner (either jointly with his wife or solely) or is otherwise a lawful occupier of the property.Once you have the consent of one of the owners you are entitled to be on the premises as of right (a licencee or visitor) and you are not a trespasser. As your boyfriend is residing at this premises and his wife is not, I assume that she is not the sole owner of the premises. (if that is the case things may be different). It may be the case that a separation agreement is in place between the parties. If any such agreement exists and stipulates that your boyfriend agrees not to have guests, then obviously your boyfriend would be in breach of any such agreement. This seems unlikely and your boyfriend would be aware of this in any event. If not, you are free to stay as a guest at the premises for as long as you have the consent of the owner or (either of them) provided no pre-existing agreement exists which may bar guests. This is highly unlikely and in any event probably would not make you a tresspasser but would simply mean that your boyfriend would be in breach of agreement. If you have any further queries relating to this matter please do not hesitate to contact me.otherwise I hope this answers your question Kind Regards John

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