QUESTION
Do I still have the right to enter the home seeing my name is still on record as far as mortgage?
Asked on May 02nd, 2013 on Divorce - Michigan
More details to this question:
I recently got divorced, I was served. My ex has two years to pay me my share for the house. My name is still on the mortgage but signed a Quit Claim deed.
6 ANSWERS
It is not unusual for the decree to require you to obtain permission from your ex-wife before going to the marital residence if it was awarded to her. You should be able to make arrangement to pick up any of your belongings form the residence, but I would not risk the involvement of the police or a trespassing charge. If you have a legitimate need to go to the residence, you should address that with your ex-wife.
Answered on May 07th, 2013 at 10:18 AM
If you are not on the deed, then your ex has exclusive use and possession of the house and you need that person's permission to enter the house.
Answered on May 07th, 2013 at 10:17 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you signed a quit claim deed, then your name is no longer on the house and you have no right to enter.
Answered on May 07th, 2013 at 10:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, if you assign to quit claim deed you no longer have any rights to enter the home without his permission. He has duties under the divorce decree which he must meet, and if he does not, you can take him back to court to enforce it. You do not however have rights to the home at the quit claim even though you remain liable for the mortgage if it is not paid.
Answered on May 07th, 2013 at 10:16 AM
Carolyn Roschelle Jones
Since the standard provision gives one party exclusive use and possession I would say no you can't enter the home.
Answered on May 03rd, 2013 at 4:18 AM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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No. It sounds as though your divorce judgment awarded the house to your ex-wife. She has exclusive possession of the house, and you have no right to go in it, paid or not paid.
Answered on May 02nd, 2013 at 11:02 PM