How can I keep my adulterous wife from moving back in before divorce is final?

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How can I keep my adulterous wife from moving back in before divorce is final?

After my wife started a long term affair I bought another house nearby in a better school district for our 2 kids. She lived there and then the kids moved there also (without the other guy there). We have been physically separated for over 2 years. Ever since she and the other guy just split up and stopped talking, she wants me out of my house to move back in with the kids 100% of the time. I bought my house before we were married 12 years. She also tried to have full custody. I have a fatigue health issue which requires that I employ help for the kids when they are with me.

Asked on July 26, 2012 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

By asking for exclusive use and occupancy of the home.  You have a lot of issues that need to be dealt with here and need to be discussed with ana ttorney as soon as possible.  Was there ever an "intent" for the house to become marital property?  Did you ever put her name on the deed?  Was it the marital home?  All these factors matter here.  Now, just becuase you require help to care for the children does not mean that you would not be entitled to joint custody.  Who the cistodial parent will be is a different issue to discuss with your attorney.  Good luck.


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