The Supreme Court of Nevada recently considered whether a husband who is separated from his wife may be charged with burglary of the marital home. In State v. White, the defendant and his wife had agreed to separate, and agreed that the wife would live in the marital home with the children during the week, and the defendant would live there with the children on the weekends. When one spouse was living in the home during his or her designated time, the other spouse would go elsewhere. The defendant retained a key to the residence.
The defendant learned that the wife had permitted her new boyfriend to move into the residence with her during the week, and began harassing her about it. On a Friday, the defendant arrived at the marital home earlier than usual, entered the house with his key, and asked to speak with the wife. Although she initially told the defendant that he was not supposed to be at the residence at that time, the wife finally agreed to speak with the defendant in a bedroom, while the boyfriend tended to one of the children in another bedroom. An argument between the wife and the defendant resulted in the defendant shooting the wife in the stomach, and then shooting the boyfriend in the arm and in the abdomen. The gunshot wound eventually killed the wife.