Does my soon to be ex-wife have the right to come into our house after moving out?

Question

My wife and I are going through a divorce. She moved out 2 weeks ago and took all her stuff. But she left her 2 dogs and still comes over to check on them. She isnt able to move them into her apartment yet. I don't like her coming in and out of the house whenever she wants and when i am not there. The house is in both our names but she left. Can I change the locks to keep her out or do i have to let her in when i am not there. She turned over the keys and garage door opener but uses the keypad outside to get in.

Answer 1

live and let live ,bitterness will devour you ,just be as civil as you can..

Answer 2

Well this is my opinion, by why not just ask a lawyer. The first meeting is free and non-committal.
She no longer lives in the house and therefore does not have the right to come and go as she pleases. But you don't have to put it that way to her, as she will go hostile on your ***.
Tell her you don't feel comfortable with her coming and going as she pleases. Try to organise a time and day that would be convenient for the both of you for her to visit the dogs.
Change the code on the keypad, and the locks if need be. She has no right to protest, she doesn't live there anymore.

Answer 3

Since you're still not legally divorced, ask the lawyers what is and is not allowed. If they said she can't then obviously she's trespassing and you can change the locks. Make arrangements to give her back her dogs and cut all ties. It seems like she's using the dogs as an excuse to keep having contact with you. There's no need, however, to turn this into a big blow-out fight. Just be civil and mature about it.

Answer 4

Change the code man! She left and that means she should be finished with the house, not hanging on to see whats new in your world. I understand she wishes to check in on the dogs but you can offer to let her come by when you will be there. There are other options for her such as asking someone in her family or a friend to take the pets until she can get them. Divorce is hard but she will have to accept the fact that leaving means actually leaving for good. It would be different if she were helping out with children. It is just as important for her to make a clean break as it is for you. That way you can both get on with your lives and the healing from the breakup.

Answer 5

Whoa! Dude hire a lawyer! Seriously. First, if she failed to make the payments on the mortgage, she owed you an obligation to deal with you honestly and truthfully. By failing to tell you the truth about that, the court's really going to whip-wang her from here to he11 and back. Second of all, you should be there when she comes around so she doesn't accidentally take what's not hers and then claim that she only took whatever it is she says you agreed to. Then blame it on a burglar later on. Finally, if I were you, I'd change the locks, contact the bank, advise them you're in a divorce, and add the bank as a respondent.

Answer 6

If you don't want her to come over anymore then you have to give her dogs to her. She does not have the right to come whenever she wants though. She is using you for boarding her dogs. If that is the case tell her to give you money for what you are doing for her. Guys I know would say "We are not together anymore, figure out your own problems". Really, you are being nice to do this for her. Be strong and move on. You have to get only your name on the house before you can change the locks. Legally, you will be keeping her out of her house, which is still rightfully hers.

Answer 7

Change the locks. If you have spoken with her about it and she continues to come inside when your not home, change them. Be advised that during the divorce you may have to sell the house or buy her out, but for now, I would change the locks. It is rude and if she needs ot check on the dogs she should call and set up a time to come by and see them.

Answer 8

If the house is in both names I do not believe you can legally lock her out without something in writing from the lawyers.

I had an example where I was locked out of the apartment I was renting. I had been away for a couple of weeks, during which time the landlord was doing some fishy activities.T he cops came and advised him that as long as I had a lease and had not been served any eviction notices, then he could not lock me out.

Answer 9

Until the divorce is final, if the property is in both of your names
than you must give her "reasonable" access to it.

That does not mean that she can continually lose her keys
and you have to provide her new ones ... but you can't lock
her out by changing the locks.

However, she can't lock you out either. Remember, until
the divorce, she has the same standing in the house as you do.

That being said, the court (judge) may sometimes make
declarations as to who gets certain resources (e.g. the house)
before hand.

However, when not stated, joint property is joint property.

Of course, if the divorce wasn't so filled with hate, you could
actually tell her that you would really appreciate it if she didn't
drop in unannounced. However, if its as hateful as it seems
to be - that will just encourage her.

Answer 10

Change the locks and the code on the key pad.
Of course its gonna cause some friction so stay modest. (for court purposes) file a report with the police dept. that your door appear to have been tampered with by a burgular. (don't mention your wife at all). This will later justify why you changed everything.

Then get rid of her dogs, notify her first and give her seven days. If she doesn't make arrangements, call animal welfare to have them removed.

This may sound harsh but if you don't follow proper protocol she may be able to hold you accountable. Like denying her entry to care for them can constitute neglect to the dogs on your part.

Answer 11

You did not mention that she does anything horrible when she comes in, so what is the problem really? If she is coming to see her dogs, can you blame her? She misses them. She was/is your wife for however long and lived in the same house. Her name is still on the deed. It is best if you can both work together. Maybe she hurt you, but still, the dogs must miss her. If you are worried about her taking things she shouldnt or if she is doing something purposely to be mean, talk to your lawyer.