Access To The Shared Home

**2boysmama** · 02-25-2008, 06:19 AM

Good morning, I have a new question. I know two people that are married, there is no legal seperation or even divorce paperwork drawn up. The wife moved out of the home into a friend's house to avoid conflict. Most of her belongings are in the home that they shared. Her husband has decided to give a key to a new woman that he has been dating for three weeks. This makes the wife uncomfortable because her things are in the home and she doesnt want something to happen to them. The husband has told the wife that she is not allowed to come into the home. Her name is on the mortgage, and her children are living there. Is there any way for her to legally make sure that A: this woman does not have a key to her home and/or B: Make sure that she is allowed free access to her home and her things? She is not taking any furniture or anything because she does not need it. She just wants to be able to get her things and see her children. Her husband says that it offends this other woman for the wife to be their home. This is in Texas.

**gigirle** · 02-25-2008, 07:38 AM

The husband has told the wife that she is not allowed to come into the home

How nice of him.

Her name is on the mortgage

The real question here is ....who's name is on the deed? The mortgage and deed are two seperate things.

Make sure that she is allowed free access to her home and her things?

She has legal access to her things....just go back into the dang house. Just cuz he says so doesnt' make it "legal"

Look, your friend needs to poop or get off the pot. She needs to figure out what she is going to do, ie, stay together or get divorced. It's that simple. She has just as much legal right to that house as he does. That is as long as there is no court order or order of protection. Which since you didn't mention, I will assume that there is not.

If her name is on that deed, she can go into the house and break every window in it if she chooses to as long as she harms no one doing it. If she doesn't want the other woman to have a key, ask her for it back. If she doesn't do it, have the locks changed. She doesn't get it both ways. File for divorce and let her lawyer take care of the rest. "things" are split up during the divorce. If she is still on the mortgage, she is legally responsible for paying the bill and would be placing her credit in someone elses fate which is very unwise. By leaving the house as she did, she could be setting herself up for serious issues with child support and upkeep of a house that she is still responsible for. If she doesn't want her things to be harmed, move them until the legal matters can be settled.

**2boysmama** · 02-25-2008, 08:30 AM

So, him saying that she has to move out because it makes his new girlfriend uncomfortable with her living there has no legal backing? She needs to move back into that house until she can get on her feet because she is sleeping on a coworker's couch. What steps can she take to make sure that he allows her into that house?

**2boysmama** · 02-25-2008, 08:50 AM

I was a little unclear in my previous post. She did not move out because of the girlfriend. The reason she moved out is long and complicated. They got in a fight, and he said that she told him she wanted to kill him. That same night, the police called the DA and the DA said that they were not going to press charges. She moved out because she didnt want to fight anymore. Now, she needs to move back into the home to save money in order to get a new place to live. Will the situation above have any bearing on her being allowed to move back into her home?

**Dad2** · 02-25-2008, 09:05 AM

As far as breakin windows and such, that's a no no.
If a divorce is eminent, everything such as credit cards, vehicles, property is to remain untouched, or at least not used as to cause the other person financial difficulty. Meaning, you cant go charge up the joint credit cards, run the family vehicle off a bridge, do damage to the marital home etc.....
As the other reply said, your friend either needs to move back into the house, or move everything out.
As far as who her hubby gives the key to, well, he can give the key to whoever he wants. If your friend decides to move back in, great. After the first 911 intruder call, the husbands girlfriend will get the point not to come back.

**2boysmama** · 02-25-2008, 09:13 AM

She seems to think that she is going to need a lawyer to draw up papers stating that she is allowed access to the home. To me, that seems a little redundant since her name is on the deed. I know that she will need a lawyer eventually but will she need legal help to gain initial access to her own home? What legal action can be taken if he refuses to comply?

**2boysmama** · 02-25-2008, 09:14 AM

Also, if she files a legal seperation is she still allowed full access to the shared home?

**Dad2** · 02-25-2008, 03:36 PM

All she has to do is go back. Plain and simple. No lawyers. No papers.
Lets say he calls the police on her. All she's gotta do, is show them a piece of mail, with her name on it.
She doesn't need a lawyer to go back.
I don't know who will get access to the home during separation. A judge will decide.
Probably the person worse off, financially ill get to stay.