QUESTION
If my spouse moved out over three months ago, do I still have to give her access to the marital home?
Asked on Jul 08th, 2012 on Divorce - Kansas
21 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Not if she is a threat.
Answered on Jun 28th, 2013 at 10:19 PM
Family Law Attorney serving Layton, UT
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Michael S. Edwards Attorney at Law, PLLC
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Yes.
Answered on May 29th, 2013 at 1:30 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 29th, 2013 at 1:30 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, it is still her house too.
Answered on May 29th, 2013 at 1:26 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If she is listed as an owner of the marital home she would have the right of access. If she still has property at the home and wants to pick it up that would be a good reason for her to want access. If you are concerned that she might be destructive of your property you should arrange to be there or arrange to have someone there to make sure that she only takes things that belong to her. If there is a divorce case pending and there has been an order giving you sole possession of the home you would be entitled to deny her access.
Answered on Aug 07th, 2012 at 12:55 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Yes, until you are granted exclusive use of the home by a court, your spouse has an equal right to be there.
Answered on Aug 07th, 2012 at 11:42 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If it is the marital home, your spouse can come and go as they please, until a judge orders otherwise.
Answered on Aug 03rd, 2012 at 2:07 PM
Leonard A. Kaanta
If she and you both own the house, she has right to enter the house.
Answered on Aug 01st, 2012 at 8:37 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you are still married and not in the process of a divorce (with a status quo order).. most likely yes since she is part owner.
Answered on Aug 01st, 2012 at 8:32 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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If she is on the deed, she has a legal right to access the property. If it is your intention to bar her from access, you should start a divorce action and ask a court to bar her from access. You had better have a good reason more than she left for three (3) months.
Answered on Aug 01st, 2012 at 8:02 PM
Dennis P. Mikko
Yes, it is still the marital home. Unless there is a court order for exclusive use by you, she still has a right to access the marital home.
Answered on Aug 01st, 2012 at 7:55 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes unless there is a court order to the contrary.
Answered on Aug 01st, 2012 at 7:48 PM
Maybe, maybe not. If there was no violence, it would be a really bad plan to keep her out. If you are worried, take pictures of everything and tell her you have done so. OTOH, if you don't want her to see that you have moved your girlfriend in with you, you have a real problem.
Answered on Aug 01st, 2012 at 5:14 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Not necessarily because, apparently, there is no longer a "marital" home; part of the answer may depend on how the property is deeded. Unless and until you begin a divorce case, and especially if she is listed on the deed or a rental lease, there is not a clear cut "legal" answer.
Answered on Aug 01st, 2012 at 1:50 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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This is a gray area in the law. Must divorce judges would feel that since she left, she should not be able to come and go from the home as she pleases. However, legally speaking, nothing precludes her, at this time at least, from doing so. She would not be committing a crime, so police cannot arrest her. If you wish to deny her access to the home, you need to file for divorce or separation and seek an order from the court doing so.
Answered on Aug 01st, 2012 at 1:15 PM
1 Award
If you do not have a court order awarding you sole use and occupancy of the home, it is community property and she has the same right to occupy the house as you do. You could always change the locks but if she broke into the house, it is NOT a criminal violation to break into a house you own.
Answered on Aug 01st, 2012 at 1:13 PM
Yes, if the home is in both of your names and there is not a court order granting you sole, temporary use of the residence.
Answered on Aug 01st, 2012 at 1:00 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It depends on why he wants access. To get his clothes or personal items you should allow him into the house. If there is abuse then get a restraining order.
Answered on Aug 01st, 2012 at 12:56 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You don't indicate if the home is separate or community property. If community, no, but you may be able to get away with it. Best to get a court order clarifying who has access.
Answered on Aug 01st, 2012 at 12:56 PM
Milton Toro Marquez
Yes. That is the short answer. Please contact an attorney to discuss this further.
Answered on Aug 01st, 2012 at 12:50 PM
James Albert Bordonaro
Yes, if you don't have a temporary court order she is still entitled to live in the home. You have to file a legal separation or divorce to get a temporary order.
Answered on Jul 31st, 2012 at 3:34 PM