What are my rights if my wife and I have been legally married 19 years but she is now pregnant with another man’s child and will not leave the place that I rented?
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What are my rights if my wife and I have been legally married 19 years but she is now pregnant with another man’s child and will not leave the place that I rented?
We moved into separate apartments for about 6 months and both of us began seeing other people. However, after 6 months, she ran out of money for her rent. Even though I did want her to, she has now moved into my rental home (she is not on the lease agreement), saying that she is entitled to live in my home because we are still legally married. So now she won’t move out and is now pregnant by her boyfriend. It looks like she is going to stay in my home during her pregnancy and plans on having another man’s screaming baby there. Honestly I don’t think she plans on ever moving out, despite the fact that all we do is fight because we cannot stand each other.
Asked on January 17, 2016 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unless there is a final decree of divorce or at least a legal separation agreement, your wife has the right to live with you. This is true no matter whose name the lease is in. This is because your rental is still considered to be the "marital residence".
At this point, why not file for divorce since by your own admission you "can't stand each other". Consult with directly with a divorce attorney in your area. They can help you with the dissolution of your marriage and potential child support issues.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
She's right: you can't make a spouse move out while you are married. You can live fully separate when divorced. So the question is--why are not divorcing a woman whom you don't want to be intimately or romantically involved with and who is having another man's child? You can also avoid paying child support for his child if you can prove (e.g. with a paternity test) that it's not yours. You should speak with a family or divorce law attorney right away about starting the divorce process...or else you will have to live with this situation.
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