Legal Question in Landlord & Tenant Law in Alabama

My brother is technically still married. He let his "wife" stay with us for a while until she could get her own place. Does she have a legal right to enter my home without me being present to get her things? Or is it perfectly legal for me to tell her myself of my brother have to be here to allow her access. Her name is not on the lease and no bills are in her name.


Asked on 6/23/10, 9:58 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

First of all there is no such thing as "technically" married. You are married or you are not. She is his wife. In your home, she has only the rights of use and possession that you grant to her. Just because you allow your brother to live in your home does not mean you have to allow his wife to live in your home. Practically, you need to tell her to get out of your house.... you might tell your brother to divorce her. And no, there is no such thing as a common law divorce. He has to go to court.

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Answered on 6/23/10, 2:53 pm


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