Can my spouse who Im going through a n awful separation from file trespassing on my friend if I already gave consent to be on my property?

UPDATED: Oct 1, 2022

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Can my spouse who Im going through a n awful separation from file trespassing on my friend if I already gave consent to be on my property?

Im in Sc. I own the house. My husbands name
is not on the deed. I understand it is martial
property. But can I have my friends over if I
gave consent but he is threatening to file
tresspassing.

Asked on January 15, 2018 under Family Law, South Carolina

Answers:

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

Answered 4 years ago | Contributor

So long as you are still married and have the legal right to occupy the house, it remains the "marital premises", no matter whose name the deed/lease may be in. Accordingly, as a lawful occupant, you may invite whomever you want to come come onto the premises.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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