Key West, FL asked in Family Law for Florida

Q: Marital home question and privacy.

Caught wife cheating with her coworker, had been for a year(have texts to prove it). She moved out the martial home voluntarily because she wanted to de her thing. We live in Key West and I can’t afford to live here in a home that would accommodate our two children(one disabled). I pay all the bills and half the mortgage on the martial and live in it. She keeps coming over here when I’m not home and coming inside. I have asked not to and she says I pay for part of this and I’ll come when I want.

Can she do that? Can I change the locks? We have been married 18 years and are not getting a divorce. Don’t want to spend the money. Does she have the right to come and go in the marital home just because she pays part of the mortgage?

So I have no expectation of privacy? I could be there sleeping and she can come in at 3:00AM?

So if we are still married all money we make and what we have is marital property. She is using money to pay for the apartment she is rent by choice.

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: As long as she is an owner she has a legal right to access.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: I agree with Mr. Lieber: equal owners have equal access. You will see the logic in that rule by reversing it and feeling exactly how your wife feels. If you want to push this battle the only way to do that is to file for divorce and tell your story to the judge. Caveat: Be very careful what you ask for.

1 user found this answer helpful

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