Divorce almost final and house be split later after sale. We changed the locks (my fiance and I) and she is threatening to hire locksmith to break in this weekend while we are away. Her name is on mortgage of course but she does not pay anything towards it and has her own rental.
2006-11-29 05:17:28 · 12 answers · asked by Julie H 1 in Family & Relationships ➔ Marriage & Divorce
I hate to tell you this but My Dad owns his own locksmith company if she calls them out then they have to legally open the door for her. If her name is on the mortgage & she can prove it or if you guys are still married, oh yes. I could tell you some stories about couple separating and one calling the locksmith to keep the other out, so they re-key the locks, then the other one calls (often times the same locksmith) and has them let them in then re-keys the locks again..it's a never ending cycle. And the locksmiths have to let them in legally.
2006-11-29 09:59:50 · answer #1 · answered by Little Nell 3 · 0⤊ 0⤋
The name on the mortgage is irrelevant, but the name on the title is not, and almost certainly the title matches the mortgage. Unless there is a separation agreement which excludes her access, she is entitled to enter the house.
2006-11-29 05:21:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Better check with the local police on it. Since her name is on the mortgage, she may have the right to enter, but not without some sort of consent from him. How come she knows you wont' be there? I would suggest not telling her when you will be away.
2006-11-29 05:20:28 · answer #3 · answered by notfreeinnh 3 · 1⤊ 0⤋
She has no legal right to be on the premisis. If she forces entry or enters in any way, shape or form without your express approval she is committing a burglary.
2006-11-29 05:33:52 · answer #4 · answered by Quasimodo 7 · 0⤊ 0⤋
If the deed is in her name to the house, there is nothing that can be done about her because legally she still has rights to the house.
2006-11-29 05:19:49 · answer #5 · answered by janeannpat 6 · 2⤊ 0⤋
It's half hers until the ink is dry. Why not just do it amicably. If you really want to do it reasonably, why not have the lawyers arrange a mutually convenient time?
2006-11-29 05:20:25 · answer #6 · answered by Tara P 5 · 1⤊ 0⤋
That is definitely a questions you should be asking your divorce attorney!! I would notify the cops of her intentions.
2006-11-29 05:20:35 · answer #7 · answered by marisanj 5 · 1⤊ 0⤋
If she is thretening you in any way, go to the courthouse and file a restraining order against her.
2006-11-29 05:51:22 · answer #8 · answered by Anonymous · 0⤊ 0⤋
"Almost" does not mean divorced and yes she can return legally unless you have a restraining order until the order is complete.
2006-11-29 05:19:56 · answer #9 · answered by ratdog 3 · 2⤊ 0⤋
No...
She cannot..
Breaking & Entering...Call the cops...
2006-11-29 05:21:21 · answer #10 · answered by Anonymous · 0⤊ 1⤋