My wife had an affair but will not leave.

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My wife had an affair but will not leave.

I found some text between my wife
and another man. She spent the
night with him last weekend. She
will not leave and moved her
family in. What can I do?

Asked on May 24, 2018 under Family Law, North Carolina

Answers:

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

Answered 3 years ago | Contributor

The fact is that until there is a legal separation agreement in effect or a final decree of divorce has been rendered, the home remains the "joint marital residence", no matter whose name the deed/lease may be in. Accordingly, both spouses have the right to occupy it and invite guests as they see fit, etc. This is true whether or not one of the spouses committed adultry. The only exception would be if one spouse put the other spouse in fear for their safety, which you did not indicate t be the case. 


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