I was told I had to move out and find an apartment and she would pay the entire mortgage on the house. I signed the lease and then she changed her mind and said I had to pay half the mortgage because she couldn't afford it. The marital agreement was changed to say that as well. I was fine with that.... Now she has changed the locks on the house so I don't have any access to it at all. Is that legal? Am I still required to pay half the mortgage even though she changed the locks on the doors? She says she doesn't trust me because I snooped through some of her stuff (and found things I might add). I'm just questioning the legality of some of the things she is doing...
2006-12-11 06:06:24 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
We are both on the title of the house.
2006-12-11 06:14:10 · update #1
Ok. I'm not sure why you agreed to pay for half of the mortgage. Are there children involved here?
Anyway, it's not legal. As others have said you can get the police, show them that your name is in fact on the deed and get whatever is yours out of there.
As long as your name is on the bill you are required to pay it. And it might even be more than half depending on whether or not she contributes. You might be stuck paying the entire thing or have your credit rating go down the drain.
The other thing is that you can go for a quit claim. If she can't pay the entire mortgage herself then the house must be sold and you split the profits of the sale. This will get your name off of the mortgage.
You could also apply to get the entire mortgage in your name. Then you can allow her to live there paying rent. Along with the regular lease that you have her sign. That way if she doesn't pay then you can take her to court for it. Or you can evict her and live there yourself. Or you can lease it out to other people.
Really, though...get an attorney. Something isn't right with this scenario.
2006-12-11 06:43:55 · answer #1 · answered by Misha 2 · 0⤊ 0⤋
It is legal for her to change the locks. It is illegal for her to try to force you out of the house if there are no legal judgements saying you must stay away, such as a restraining order or other judges orders. So it would not be illegal for you to call a locksmith to let you into the house, although this seems somewhat petty, I've known people to do it. Your best bet bring her back to court and explain that she is not holding up her half of the agrement by paying half the mortgage, so she should either reimburse you or maybe she leaves the house and gets an apartment and you take over the mortage payment and move back into the house. Good luck cuz I know what a pain this could be!
2006-12-11 06:11:32 · answer #2 · answered by ? 3 · 2⤊ 0⤋
If you are on the title of the property, it is yours as well as hers. You could legitimately call a locksmith and have the locks picked, or break a window and gain access.
However, if you are in the middle of an acrimonious divorce, you should put up with the situation for now, until a proper solution has been worked out by your lawyers.
As to the mortgage - this is a contract between yourselves and the mortgage company. If you are on the note, then you must continue to pay it, or pay off the balance on the note. If your wife is also listed on the note, she must pay half.
2006-12-11 06:19:28 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Despite who pays the mortgage, if the house was included in the settlement then there's nothing you can do at all. She has all the right to change the locks if she feels like so and even more if she has proofs that you took some of her stuff away.
2006-12-11 06:15:31 · answer #4 · answered by Lil' Gay Monster 7 · 0⤊ 0⤋
no....
I found out the hard way that my ex-husband had the same rights to the house that I did until the divorce was final and the assets were either split or the house was sold.
He was a slimeball that went in and moved all my things out into the garage while I was gone out of the country.
Please just try to be decent with your ex and find out for sure what your rights are. If you can access the house legally, please give her notice...even if she doesn't agree, at least you gave her notice.
Best wishes and God Bless!
2006-12-11 06:29:50 · answer #5 · answered by Buff 6 · 0⤊ 0⤋
it may be a good idea to ask a lawyer your questions...however if it was ordered that you pay half then you must do so...and since it is her house and not yours i am guessing that she can change the locks and do whatever else that she wants to the house...like i said however if you have doubts or questions contact a lawyer if you want to spend the money on a question about locks!!
you going in her house and looking in her stuff isnt legal either may i add it is a invasion of privacy!!!
2006-12-11 06:09:29 · answer #6 · answered by noseyroseysillywillie 3 · 1⤊ 1⤋
You should not have changed the agreement. If she can't afford the house, she should move to something she can afford.
Consult your lawyer and get this fixed. You shouldn't have to pay for half of a house that you can't use.
.
2006-12-11 06:09:38 · answer #7 · answered by Shaft 2 · 2⤊ 1⤋
Yes it is illegal if you have belongings in the home in which you need to collect. You should contact your local police department as well as your divorce attorney. As far as your mortgage goes, if your name is on it, then yes you still have to pay regardless if you are a resident or not.
2006-12-11 06:11:24 · answer #8 · answered by allamericandoll 2 · 1⤊ 0⤋
If your name is on the loan, and your name is on the deed, then you are also an owner of the house, and have simple rights... like access.
I believe though, since she's living in the house, it becomes like a rental agreement, of tenant in land lord. In the sense that you cannot enter the house without permission and justifiable means and warning.
2006-12-11 06:11:30 · answer #9 · answered by amosunknown 7 · 0⤊ 1⤋
sorry for you, but yes it is, and to make matters worse, if she decided she couldn't afford any of the mortgage you would be responsible for the whole thing until your divorce is final. So be nice, till its over for good!
2006-12-11 06:13:24 · answer #10 · answered by panda bear 2 · 1⤊ 0⤋