What are my rights to our home if I moved out of the marital home after finding out my husband cheated?

UPDATED: Sep 30, 2022

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What are my rights to our home if I moved out of the marital home after finding out my husband cheated?

No papers have been filed and we are both still on the mortgage. We have 2 daughters still in the home. Can I kick my husband’s girlfriend out? She does not live there but spends a lot of time there and has taken his phone unknowing to him and has called me. I feel she is a bad influence on my 2 young daughters.

Asked on December 11, 2015 under Family Law, Minnesota


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Right now, you both have full access to the house and the children because there are no temporary orders to the contrary.  If this woman is a bad influence, then you need to get your children and restrict her access to the girlfriend.  A legal option is to file for the divorce, seek temporary orders, and request relief that outlines the rules for the house and children. 

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