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Can I make my wifes boyfriend pay rent on our home we jointly own. We are in the process of legally separating. I moved out over

Ronkonkoma, NY |
Filed under: Divorce Alimony

I make 5 times what my wife makes and 3 times what her boyfriend makes. whe have three minor children living with her.

Attorney Answers 5


  1. No. Unless we get more information, there's nothing else to say.

    Good luck.


  2. Based on the information you've given I, too, would say no. You given occupancy of the home to your wife. While you may not like it, she is entitled to have a guest in the home.

    These days, a divorce based on "irretrievable breakdown" is as easy as crafting a separation agreement. Unless the two of you want to work on repairing the relationship, why not just make a clean break and file for divorce.


  3. If he's willing to be your tenant and not her guest, then you can. Otherwise, you cannot. If you are separating, perhaps you would like to get divorced and work out a permanent resolution to the end of the marriage including property distribution.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  4. No, but if you make a stink about him living there in the context of a divorce action, you can cause serious trouble for your wife. Judges in Suffolk County take a very conservative view of paramours being in the presence of children during a pending matrimonial action.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  5. Can't charge rent, but when it comes time for the court to determine who pays for the overhead on the house, you can insist that his income be taken into consideration if he is not paying rent, and if he is paying rent, to take that into consideration alternatively. But don't expect too much to happen.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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