Legal Question in Family Law in Illinois
My husband and I separated 1 1/2 years ago, but all this time we have still been living in the same house, as he will not leave. Also, all this time my one son and I do not have bedrooms. We do have a large bedroom and bathroom in the basement, my son won't go to because he is scared, and I really can't move down to because my other son is health compromised and needs night care and I also have an infant I need to hear at night. I don't think its good for my son not to have a place to play and sleep, nor do I think its good for the kids to see me sleeping on the couch all this time. He has refused to move down to the basement when asked. But if he would use that room, he would still jave all his own space and bath and my son could have a room, taking over the infant's room and my baby and I could than share the other upstairs bedroom. It would be better for everyone. I have been told I cant kick him out of the house, but can I kick him out of the bedroom? Can I move his stuff to there without having his agreement ) as he threw my stuff out of the master 1 1/2 years ago)? I also have people who are willing tocome and stay at the house for a while if we can do this as domestic abuse is a concern. Is it ok to have people come and temprarly move in with us, again without his permission?
1 Answer from Attorneys
The law does not say you can kick him out of his bedroom. You have in essence allowed him to stay there for 1 1/2 years. Your inaction has probably given him the right to stay in the bedroom. It is unclear if both kids are his. IF they are he has as much right to stay in the bedroom as you do, absent a showing of dander to you or the children by his presence.
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