QUESTION
How do I go about keeping my spouse out of the house?
Asked on May 05th, 2014 on Litigation - Washington
More details to this question:
My spouse moved out and I have filed for divorce. She says she has the right to come in or break in any time she wants, because her name is on the deed. I have already remortgaged the house in my name and taken over all responsibilities. I'm just waiting for the divorce to get over.
9 ANSWERS
Michael J. Breczinski
You have to get an order from the divorce court that keeps her out of the house.
Answered on May 08th, 2014 at 4:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Hopefully you have an attorney and you should seek, from the court, with the help of your attorney and order limiting or preventing her access to your current residence.
Answered on May 07th, 2014 at 8:42 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
You need to file a Motion asking for exclusive possession of the home during the pendency of the divorce.
Answered on May 07th, 2014 at 8:42 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
You need to get a status quo order from the divorce court to keep her out of the house.
Answered on May 07th, 2014 at 8:41 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
She has no right to come in and you had no right to remortgage unless the court said so or there is a signed property settlement agreement. Change the locks and if need be go to court to get an order saying you're the one who gets to stay in the house.
Answered on May 07th, 2014 at 8:41 PM
Thomas Edward Gates
Change the locks.
Answered on May 07th, 2014 at 8:41 PM
It sounds like you should file for a Pendent Lite hearing and ask for possession of the marital home during the pendency of the divorce. This could also open the question of the remortgage if it was not court ordered. In Alabama there should be no material change in any marital property or debts while the divorce is ongoing.
Answered on May 07th, 2014 at 8:41 PM
You should seek a court order giving you the exclusive use of the residence. You should consult a family law attorney or facilitator to assist you.
Answered on May 07th, 2014 at 8:41 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Get a no contact order.
Answered on May 07th, 2014 at 8:41 PM