Can I prevent my wife and the man with whom she cheated on me with, from entering our home when it is my night to the house?

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Can I prevent my wife and the man with whom she cheated on me with, from entering our home when it is my night to the house?

After my wife cheated on me, we had set terms to when we would get our daughter and our house. Tonight my wife contacted me and said her and the man with whom she cheated on me had no place to go and were coming over. While we both signed papers when acquiring the home, she is only the secondary borrower on the loan used to pay for the house and on it is not her legal name. It features her previous last name rather than her current one, the one we share.

Asked on June 20, 2012 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

That home is just as much hers as it is yours. You both contributed to it when married and it makes no difference if she is not the primary borrower or the loan is not in her legal name. That home is both of yours. If your agreement is not decreed by the court, it is unenforceable. You have no right to keep her or anyone she brings to the home away from the home. You should seek a court order regarding the division of times in the home or the order of selling the home or awardig it to one party only if you wish to lessen the amount of infighting.


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