QUESTION
Can she legally enter the apartment after not living here for five months?
Asked on Sep 02nd, 2012 on Divorce - Michigan
More details to this question:
My wife and I have been separated for the past five months and divorce papers have been filed with court. Both of our names are currently on lease for apartment. I am the only one paying the rent and utilities. She has a key still and refuses to give it back. All of her property has been removed previously.
14 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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As this is the marital residence, she has a right to be there until a court says otherwise. You need to file a motion for exclusive use of the apartment.
Answered on Jun 28th, 2013 at 12:43 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Have the locks changed.
Answered on Jun 28th, 2013 at 12:27 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She is still on the lease and can enter.
Answered on Jun 28th, 2013 at 12:23 AM
Gary Moore
Have the lock rekeyed by a locksmith.
Answered on Jun 28th, 2013 at 12:23 AM
Dave Hawkins
Yes unless there is some kind of court order stating otherwise.
Answered on May 28th, 2013 at 8:59 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes. Without a court order retraining here can come and go as she wishes.i would change the locks.
Answered on May 28th, 2013 at 8:58 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, change the locks.
Answered on May 28th, 2013 at 8:53 PM
Until there is a court order for exclusive possession of the marital home, your spouse can return. To get such an order, you need to give the court a reason to exclude her, She's taking things that are yours, destroying things, Even intruding on you with guests and causing a scene and embarassment could be enough
Answered on Sep 12th, 2012 at 11:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes legally, as she is on the lease. No equitably, as she has left and revolved here goods. I believe the court, on motion will grant your exclusive use.
Answered on Sep 12th, 2012 at 11:06 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If she is still on the lease, she has the same legal rights to possession & access that you have, unless and until the divorce court rules otherwise. You need to ask the court to give you exclusive possession rights and order her to return the key.
Answered on Sep 12th, 2012 at 11:03 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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There's nothing legally stopping her. Get an order preventing it. Confidential Communication If you have received this transmission in error you.
Answered on Sep 12th, 2012 at 11:00 AM
Leonard A. Kaanta
If she is on the lease, she has a right to enter the apartment.
Answered on Sep 12th, 2012 at 10:51 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Technically, she has the right but you should be able to convince your judge to order her to turn over her key to you.
Answered on Sep 12th, 2012 at 10:48 AM
Steven D. Dunnings
File a motion with the court for exclusive use of the apartment.
Answered on Sep 12th, 2012 at 10:47 AM