Can I Legally Force Ex’s Boyfriend Out Of The Marital Home?

mens divorce lawyer Janet Yu JohnstonQuestion:

My wife’s boyfriend has moved into the marital home with our children while we are still married.

Is there anything I can do legally to force this man to leave the house?

Also, do I have a right to go into our home while he is living there?

Answer:

I am not licensed to practice law in your state. However, I can give you a general answer that may be helpful to you.

In general, I do not believe there are laws that prohibit affairs or cohabitation while a person is still married.

However, if you were to file for divorce, you could file a Motion asking that the judge order your wife’s live-in boyfriend to be removed from the marital home for the kids’ sake, as the judge sometimes will be against that type of thing happening before a divorce is final.

If you are on the title or deed for the home, and/or are still married, and you haven’t moved out of the home, then you certainly still have the right to go in the house.

Unless there is an order of the court restraining you from entering the home, if you own the property and are still married, thus receiving curtsey rights (depending on the laws of your state), and your children still reside there, you should be able to go to the home.

However, as I am unfamiliar as to the specific laws for your state, I recommend speaking to a lawyer licensed in your stated in regards to your current situation.

Cordell & Cordell has men’s divorce lawyers located nationwide. To arrange an initial consultation with Janet Yu Johnston, an Associate Attorney in the Louisville, Kentucky office, please contact Cordell & Cordell.

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