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Right to enter a marital house after the divorce?
A friend recently divorced and moved out of the house that was jointly owned. The husband was supposed to remove her name from the mortgage and take sole ownership of the house and responsibility for it, but failed to do so within the 90 days given by the court. He has, however, changed the locks.
In a case like this, does the other spouse retain any rights to the property, since their name is still on it? Clearly, contacting a lawyer seems like the best next step.
5 Antworten
- BriannaLv 7vor 7 Jahren
Even with her name on the house, it does not give her the legal right to enter the home. He could file charges and get her for illegal entry. Even if the door is unlocked.
It could be that he can't get her name off the house, legally. It could be that his credit doesn't allow for it, especially with a divorce. If she worked and brought in income, the mortgage company agreed to give them a mortgage based upon both incomes. Not just his. So the mortgage company may not allow her name to come off.
She can, and probably should, go after this legally. She is still legally responsible for the home if her name is still on the house. It doesn't give her the right to enter though. Just like a rental home. The person residing there has all the rights. If he defaults the mortgage it would mean the mortgage company would go after your friend for the money. If someone is hurt on the property, that person can sue both him and your friend. It's worth forcing his hand to take her name off. But it might mean he has to sell the house. which is his problem and not your friends.
- Pick ThisLv 7vor 7 Jahren
If you are divorced, it's NOT a marital house anymore. The ex-spouse who doesn't live there has no more right to enter it than a stranger off the street.
- vor 7 Jahren
Well it depends on her divorce decree, if she relinquished all claims to the property and she has the decree in her hand, stating that property isn't hers anymore, then she needs to find a lawyer to make him take her name off the property, because it might affect her credit score and also if the property becomes bankrupt, claims can be filled against her and these debt collectors are a handful to get off your back... shame situation as yours...
- Anonymvor 7 Jahren
If the house is not under your name, you cannot enter. (since your divorced)
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