QUESTION
Does my wife have the right to enter the premises whenever she wishes?
Asked on May 28th, 2013 on Divorce - North Carolina
More details to this question:
I am recently divorced and with the housing being as it is, we decided to maintain joint ownership. I maintained residence in the home while my ex wife moved elsewhere. In this instance, does my wife have the right to enter the premises whenever she wishes? Second, if she does have that right, is there any way to legally bar her access to the home? Thank you.
6 ANSWERS
If you have not already done so you should apply for an order granting you the exclusive use of the residence. You should consult a family law attorney or facilitator to assist you.
Answered on May 29th, 2013 at 9:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You should have asked for her to be barred as part of the divorce settlement. If you want to bar her, I suggest buying her out.
Answered on May 29th, 2013 at 9:07 PM
That issue should have been dealt with in your judgment. As a joint owner she has the right to see that the property is maintained. If she has moved out, you should go back to court and ask that an order be entered barring her from access without 24 hours prior written notice to you.
Answered on May 29th, 2013 at 11:03 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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In South Carolina you could ask family court to restrict your wife's access to the house. The fact that you still have joint ownership does not permit her open access to the house. You may want to review any current family court orders issued in your case. Most of the times, there is a mutual non-interference clause in agreements, and court orders. Your wife's activities may be in violation of the non-interference clause. If so you may also be able to file a rule to show cause to enforce that clause.
Answered on May 29th, 2013 at 11:03 AM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
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If the home is jointly owned and you did not address possession of the home in either the divorce and / or a Separation / Property Settlement Agreement - then she can enter whenever she wants because its as much her house as yours.
Answered on May 29th, 2013 at 5:10 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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We would need to know more about your divorce documents, or if any other claims (causes of action) such as property division were handled through the divorce or at least left pending in the courts, or if there was a separation agreement addresses property division. The nature of the joint ownership, even if still 50/50, may have changed after the divorce regarding certain aspects/rights, depending on your answers to the other questions.
Answered on May 28th, 2013 at 10:18 PM