Legal Question in Family Law in Rhode Island

I live with my wife and 22 y.o. son. He doesn't help with nothing to the household nor even does what I tell him to do to save energy and keep the bills down. He controls his mother in everything and spends her money but, she doesn't care but a lot of times she has to tap on the account that we have together. So what ever money she takes for him half come from me. I work so does she. He can't keep a job to long. But even going for months and months without working he has everything that he desires. U m very upset with him and her and because she protects him he lives under her shield.

Now he sneaks in his girl friend but because of his attitude and things that he can have anything he wants I told her girl friend that I didn't want her any of his friends hanging around my house. One night I told them to leave at 3 AM.

Today I called the cops to convince her to leave to avoid more arguments but they say because my wife wants her to stay I didn't have a saying on this matter. They it infringes on her rights. What about my rights? It is a much more easier ask her to leave that tell me to leave my house or my wife.

The cops say it is the law. Is it true? I have no rights in my house but my wife has.

Asked on 5/01/13, 5:52 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

You bring up numerous issues and clearly this has been building up for you. I'll try to address your clearest question at the end about your rights in this regard.

You and your wife are married. Therefore, you live as equal partners in the same household. You both have the right to have people in your marital home. But the police don't have the power to remove the girlfriend as long as either you or your wife say it's okay for her to stay. It only takes the permission of one spouse in a marital household to allow the person to stay.

Having someone stay by one person's permission is a lot easier than having the person forced to leave because the two people disagree. To get rid of the girlfriend you both have to agree that the girlfriend has to go before the police can do anything.

If she stays too long and the place becomes like a home to her then you may even be forced to file a formal eviction proceeding in District Court in order to get rid of her.

Clearly you have a marital problem with your wife on your hands because you two are not agreeing and it does not sound as though she is respecting what you would like done in this case.

I strongly suggest that you both go to marriage counseling to help the two of you get on the same page before things escalate into a divorce because these things are no longer tolerable to you.

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Answered on 5/02/13, 4:44 am

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