Can a spouse dictate who visits a martial Home where they no longer live ?

My husband and I are living apart and in the
process of filing for divorce. He has gotten an
apartment and no longer lives in our martial
home. In the meantime, I have started dating
someone . My husband now wants to have
something in writing stating that this person is
not allowed in the home . Both of our names
are on the mortgage and he has been living in
a separate location for approximately 3 months
Now . Does he have the ability to do this ?

Asked on January 21, 2018 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You both have equal rights to the house unless you sign an agreement allowing one of you exclusive use and occupancy or the court orders that one of you has exclusive use and occupancy.  Has either of those happened?  If not, speak with your lawyer about that.  In the meantime if you have kids that are young it may be why he is bringing this up.  Good luck.


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