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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Legal
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Experience:  Attorney for 22 years. General Practice, Labor/Employment, PI, WC, Criminal, Family.
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I just served my wife with divorce papers last week. Can I

Resolved Question:

I just served my wife with divorce papers last week. Can I get something to keep her boyfriend out of my house if i am going on a trip. The wife still lives in the house, i trust her. But not her boyfriend?
Submitted: 8 years ago.
Category: Legal
Expert:  Cowgirl Lawyer replied 8 years ago.

Thank you for choosing JustAnswer. It would be helpful to have more facts.

What is your STATE?

Has the boyfriend done anything to you in the past - is there any sort of history between you?

Customer: replied 8 years ago.
I live in NY, No history between us except i do know him. For many years. All i can say is i know he is a alcholic, but has been doing the meetings and so is my wife. as far as i can tell. But he is shaddy.
Expert:  Cowgirl Lawyer replied 8 years ago.

Your wife has equal rights to the marital residence at this point in time. Just as you can invite any guest into the house, so too may she.

Unless this boyfriend has done something to you, threatened you, attacked you, etc., then you cannot get a restraining type order against him.

For this reason, you may wish to lock up valuables. You may also wish to lock up information that could be used in identity theft.

A complete household inventory is a good idea also. A photographic and written inventory of everything in the house is hugely beneficial. It will ultimately be helpful in establishing what you both have, and that will be useful in dividing property. Further, if this is accomplished before you leave, and if the inventory is dated, then if anything is missing upon your return, you may be able to file a police report against her boyfriend for theft. And, even if the police don't want to get involved, you can also use the disappearance of items in your divorce case, potentially.

Therefore, let her know that you have completed an inventory. Let her know the consequences of anything disappearing. And then lock up that inventory in a safe place to which she has no access (in case she would cover for her boyfriend's theft of items). Your best insurance is the knowledge that disappearing items will not look good in court (criminal or civil). If she cares about her boyfriend, she will let hiim know that the items in the house must not be taken.

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Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

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