My wife has had live-in boyfriend since we have gotten seperated(4/25/10). It has been a year already since our seperation, and we both own the house that she is currently living in. The morgage lender will not put the house solely in her name because she dosen’t make enough money and the value of the house has gone down. She can’t have her boyfriend co-sign on the mortage because he has current bankruptcies on his credit. Since I still own the house with my wife do I have a legal right to remove the boyfriend from the house. Can I go file for absolute divorce and will this cause us to have to sell the house to finaly be free from my wife.
No you cannot remove the boyfriend from the home, but may initiate an action for divorce and include a claim Equitable Distribution seeking an Order that the home be sold.
Do I have a legal right to access our property without my wife calling the police on me. Whats keeping me from removing the boyfriend?
She has the right to the exclusive use and possession of the home at this time, and can have others there if she wishes to.
So even though my name is on the mortgage I don’t have any rights to my own house?
As far as possession not at this point. You do still have an ownership interest in the home, but not physical control.