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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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. 

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 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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