does the spouse have the right to let anyone they want stay at their house?

My wife and I are both living in our house while going through a divorce. She has let her 20 year old son come to our house and has been here for a week and she will not make him leave. He has caused problems in times past and I am uncomfortable around him. Can she invite who she wants to come stay in our house?

Asked on March 11, 2016 under Family Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually, a co-owner of real estate, including a wife, has the legal right to invite anyone, not just a child, to come and stay on the premises. The exception might be if they [ut the safety of any occupant in danger. At that point, a protective order can be obtained and the offending guest can be removed. 


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