Can I have a quest removed from my house if my wife wants them to stay?

My wife and I live in a home that we bought after we married but is titled only in my name. We have a guest who she asked me to allow to stay there temporarily while he gets back on his feet. I agreed and he started staying there about 6 months ago, for free, with no written agreement or specific

terms of any kind. This friend of hers and I have had a falling out and I no longer want him in my home and told them so. However, my wife still wants him to stay and says that since our home is marital property, regardless of it being solely in my name, I cannot make him leave as long as she wants him there.Do I have any recourse to make him go?

Asked on March 5, 2018 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your wife is, unfortuantely, correct: she has the right to live there because it is her marital home (and was bought while the two of you were married), and anyone with a legal right to live in or occupy a home has the right to have guests and allow them to stay with him or her. As long as one person with rights to the home lets the guest stay, he cannot be made to leave.


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