QUESTION
If my ex husband owns half the house we live in, can he break in?
Asked on Dec 12th, 2013 on Divorce - New York
More details to this question:
My ex and I have been divorced for three years. He has no belongings in the house, but he is still on the mortgage. Does he have a right to come into my home when I'm not there?
6 ANSWERS
If you were given the house in the dissolution then he has no right to come in without your permission.
Answered on Dec 18th, 2013 at 4:43 AM
No he does not. If he doesn't live there and comes in, it may be criminal breaking and entering and if he takes anything it may be theft on top of the breaking and entering.
Answered on Dec 18th, 2013 at 4:42 AM
Yes. You need to get court orders giving you exclusive possession. And/or get him off the mortgage. (refinance)
Answered on Dec 18th, 2013 at 4:42 AM
Bruce Provda
Is he still on the deed as well as the mortgage? If so, it is his house also and you might need a restraining order.
Answered on Dec 18th, 2013 at 4:40 AM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
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If you were awarded the house in the divorce, he has absolutely no right to come into the house, whether you are there or not. You can invite him in but he cannot come in without your permission.
Answered on Dec 18th, 2013 at 4:40 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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No! Seek entry of a Court Order entitling you to exclusive possession of the home, and requiring him to request, in writing, to you whenever he wants entry to the home.
Answered on Dec 18th, 2013 at 4:40 AM