Ask a Lawyer and Get Answers to Your Legal Questions
Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
If you both are on the deed to the home, then you each own an undivided 1/2 interest in it. That means that neither of you controls the entire property so as to be able to exclude a guest of the other person.
So I hate to say it, but unfortunately you couldn't just tell him to leave or evict him if wife wants him to stay.
However, what you could do is file a formal criminal complaint for the theft and then seek a restraining order against him which would prevent him from having any contact with you, forcing him to vacate the property or be in violation of the order and go to jail.