Separation and rights to house where spouse is living

[jaredo]

What is the name of your state (only U.S. law)? Co

Me and my wife recently separated and I moved out. I'm wondering if she stays in the house will she be responsible for the mortgage, utilities and other home related expenses. Additionally, she has a friend living there who I do not approve of because they are always partying and not respecting the house. I don't wish to live in the house but would not like her to have anyone living there against my will. Is it within my rights to have the person living with her that is not paying rent move out?

[Proserpina]

Whose name is on the deed and mortgage?

Your wife can have anyone she likes over; you don't get to decide who may or may not visit or stay over as long as your wife has given her permission. The same probably goes for someone moving in, though the seniors might correct me on that one.

[jaredo]

We are both on the deed and mortgage. If we are not legally separated and there hasn't been any court orders. Would it be within my rights to move back in the house and does my wife have the right to keep me from entering the house to pick up some of my things?

[Proserpina]

You certainly have the right to go back to your house and collect your belongings. I'm not entirely sure about the rest, so wait around for one of the seniors to answer, k?

(I do believe you have the right to move back in, but as I'm not 100% sure I'd rather wait for someone who knows for sure)

ETA: if there's any hostility you might want to see if you can have a police escort when you retrieve your belongings.

[mistoffolees]

Originally Posted by Dogmatique

Whose name is on the deed and mortgage?

Your wife can have anyone she likes over; you don't get to decide who may or may not visit or stay over as long as your wife has given her permission. The same probably goes for someone moving in, though the seniors might correct me on that one.

That is correct, wife can have someone there if she wishes with one big exception. If the court orders no overnight guests, then she can't do it. That's only likely if there are minor children in the house, though.

[LdiJ]

The bottom line is that if you are both owners of the property, then neither of you have the right to kick out guests of the other...nor the right to prohibit the other from occupying the home.

That changes once the court makes orders regarding the house and who gets to occupy it pending the divorce, and the who gets to keep it, once the divorce is final.