If I am divorced and live in the home can my ex-wife enter the home even if she doesn't live there but is on the deed?

Question

Me and my ex-wife is on the deed and has entered my home without my consent. Even if she is on the deed and doesn't live there can she get into trouble? I am trying to refinance the house to pay her off.

Mark West · Answer

Generally since she is on the deed she has a right to enter the house as an owner absent some Court order or agreement she cannot.

Leonard A. Kaanta · Answer

Yes, if she is an owner of the house.

Robert De Groot · Answer

Yes.

Cathy Cook · Answer

If the decree did not give you exclusive use of the house, she can enter.

Terry Nelson · Answer

If she enters your home without consent, you could try to file criminal charges.  Police will decide whether to pursue them with the DA.

William Spern · Answer

Why is she on the deed?  The divorce should have resolved the ownership. If she is still a titleholder, your ex has an absolute right to go on the property and any structures on the property including your home. Get her removed as a titleholder by way of quit claim deed or action to quiet title.

Lisa Hurtado McDonnell · Answer

Did the your divorce judge order that you have sole possession of the house?  If not since it a joint asset the she has the right to enter. If she doesn't live there anymore you can change the locks and asked her to request your permission to enter.

Francis Cowhig · Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

David Stoddard · Answer

You may not be able to charge her criminally (her being on the deed), but you can try. If the Divorce Decree gave you ownership and possession of the house, then she would be in contempt of court and you can bring contempt charges in Family Court.

Leonard Schwartz · Answer

It depends upon what the divorce judgment said. It should have clearly answered that question.

Mark Leonardo · Answer

Unless there is a court order prohibiting her from entering the home, it's 1/2 hers if she is on the deed.  You can probably get an order from the divorce court to keep her out.

Michael Paul Vollandt · Answer

Who haves the exclusive use and control of this residence? If there is no order to that  effect you should try to get one else you Wife may try to enter the residence and I do not think the police will do anything to kick her out.

Dean Esposito · Answer

Unless you have a court order awarding you sole use and occupancy of the home, she enter the home as she is also an owner of it.

Paul Whitfield · Answer

If she is on the deed the house is as much hers as yours. Buy her interest quick.

Thomas Bulman · Answer

Change the locks and install an alarm system.  The judge can order her to stay out.  Ask you lawyer.

Michael Palumbo · Answer

You should read your divorce decree.

James Kelaher · Answer

That depends on what your Final Judgment of Dissolution says....if it says you have exclusive use and possession of the marital home, then she cannot enter whenever she sees fit..... if it is silent as to use and possession of the marital home, then you can't keep her out without a court order to that effect if her name is on the title.

Cassandra Savoy · Answer

You have a property settlement agreement.  Who has possession of the marital home.

Lynda Leblanc · Answer

Your divorce decree should have awarded you the house and gave you exclusive possession.  If it does, then you need to file a police report and show them the decree.  If the decree does not give you exclusive possession, then you need to file to modify the decree and request that you be awarded sole and exclusive possession and use of the house because she has entered without your consent.  Good luck.

Frances Headley · Answer

If you were awarded the house and the dissolution Judgment is final, you can change the locks and prevent any unauthorized entry.

Robert Lucky · Answer

Yes, if her name is still on the deed and no restraining order has been issued, then she can likely still enter the house. You should consult with your attorney, if you have one, to determine the best solution in preventing this from happening.

Michael J. Breczinski · Answer

Was the house awarded to you in the divorce? If so she can't come in.

John Kirchner · Answer

The answer may depend on what the divorce decree said.  If it said the house was awarded to you, the fact that the deed hasn't changed yet doesn't leave your ex- with any right to access the property; but, you should take action to have the property deeded exclusively to you & the divorce decree should have said that.  If the divorce decree doesn't say anything about who is to get the house, there could be a question about what her rights are and you need to get that clarified.

Andrew Velonis · Answer

How did you manage to get a divorce and still have her on the deed?  Since she is, she is still an owner and can enter her own property.  You can take her back to court and get a protective order.  Meanwhile, change the locks.

Steven Alpers · Answer

If she is still part owner, she has a right to be there unless you have a restraining order against her for domestic violencee.

Thomas Edward Gates · Answer

What did the terms of your divorce say about the home.  If it was given to both, yes she likely has a right to enter.  She would not be able to take something that was yours.

John Brennan · Answer

If you received the rights and responsibilities for the former marital residence in an order or judgment she has no right to the residence. Read you papers, and if you do not understand their provisions, seek counsel. If she insists on "rights" she does not have, you will have to return to Court.

Bernard Huff · Answer

How was the home and its occupancy handled in your divorce decree? Perhaps, you need to modify your divorce decree to specifically deal with occupancy and possession of the home and your being given auithorization to sell it.

Glenn Tanner · Answer

Your decree should have said who owned the home. Only that person or persons can enter.

Richard Peacock · Answer

In South Carolina, that depends.  1 of the main factors to be considered is whether or not this issue is addressed in your final decree of divorce. You should discuss this matter with a local attorney.

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If I am divorced and live in the home can my ex-wife enter the home even if she doesn't live there but is on the deed?

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