Do I have any say in who can or can’t stay at the house while I am still paying for it and my name is still on the mortgage?

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Do I have any say in who can or can’t stay at the house while I am still paying for it and my name is still on the mortgage?

My wife and I are beginning the divorce process in a few weeks. I still deposit all of my earnings into a joint account that pay the bills (I make 61.8% of the total income). I have been living with my mother for 6 months and my wife wants her boyfriend to stay with her at the house for the weekend. One of the nights, the kids will be with her, not me. They have not met him yet and I don’t think having him in what is still my house, is right for them. Do I have any say in who can or can’t stay at the house while I am still paying for it and my name is still on the mortgage?

Asked on January 9, 2012 under Family Law, Massachusetts

Answers:

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

Answered 9 years ago | Contributor

Unfortuantely the answer may be no, you have very little say in this and I would encourage you to speak with an attorney in the area as soon as you can on the issue.  If your wife has invited a "gest" to stay over then you have no legal right to say otherwise, unless you can establish that this person is in some way a danger to the children.  Does he have a history of violence?  A criminal record?  I would focus on this issue more than the who pays the mortgage issue and see if anything can be done.  Good luck. 


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