still living together but wife is seeing someon3

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still living together but wife is seeing someon3

Mutual agreement to separate but wife
had nowhere to go because she was crazy
and her own family kicked her out. I
agreed for her to come back for the
kids sake so I would know where they
were and were safe. Now she is bringing
her lover into our home for the weekend
and days at the time and making me
leave. I have called sheriff and they
tell me there’s nothing I can do
because it’s her house too. Help

Asked on December 15, 2016 under Family Law, North Carolina

Answers:

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

Answered 4 years ago | Contributor

Until a formal separation agreement is entered into (or a final decree of divorce is granted) which specifies who has the right to possession of the home, it remains that "joint marital residence". This means that both spouse's have equal rights to the use and enjoyment of the premises. This is true regardless of whose name that the deed (or lease) is in.


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