If my wife left me for another man 2 months ago but now she says she is moving back in our house with her boyfriend, how do I keep her out?

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If my wife left me for another man 2 months ago but now she says she is moving back in our house with her boyfriend, how do I keep her out?

My wife of 15 years had an affair and moved in with her boyfriend. Our 12 year old son and her 18 year old son live with me in our house. She informed me that she is moving back into our house with her boyfriend and I need to move out. We are both paying 1/2 the mortgage. I can’t afford the entire mortgage by myself. I told her I was not leaving and now she wants us to alternate weeks living in the house. How do I keep her out?

Asked on March 31, 2012 under Family Law, Washington

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

File for divorce.  Have the Court award you the use of the house, custody of the child, and order her to pay temporary spousal support and child support.  You will have to figure out long term solutions, but that will take care of right now.  It is not a good idea to have her and the boyfriend in the house with you and your son.  Talk to a good family law attorney in your area to protect your rights.

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW

Answered 9 years ago | Contributor

I am so sorry to hear about your situation.

It does not seem like a good idea to have your wife and her boyfriend move into the home to live with you and your children, and there is certainly no reason that you must vacate the home so she can live there.

You should speak with an attorney immediately.  You may be in a good position (relatively speaking) and I would have good counsel before agreeing to change the status quo.  An attorney can assist you in quickly filing for divorce and seeking "temporary orders" concerning custody, visitation, support, and other obligations of the spouses during the divorce.

Please feel free to contact our office if you have any specific questions about your situation.

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

You can go to court and file an action for divorce.  You can bring a motion to give you exclusive use of the marital home.  I think a Judge would agree that it is a good idea to not have the three of you living under one roof.


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