Ex-spouse's property in home


#1

My request for absolute divorce was granted, but we are going to court for property settlement, child support and spousal support issues. Since we physically separated over a year and a half ago, I have been in the marital house and have paid all expenses for the house. Ex has paid child support only. I refinanced the mortgage in my name only so I could afford the payments. Both our names are still on the title.

Ex still has many items here in the home. He said months ago he was looking for a storage space, but hasn’t mentioned it since. He behaves as if he’s entitled to keep his stuff here. He has also removed some of his personal items from the house when I was out of town. I was informed by one of the kids.

Am I required to let him keep his personal items here?


#2

It appears that the ED issues have not been settled even though you are divorced. Technically, both you have equal claims to the house, but since you have resided in it, you will probably get the house in the Final Outcome. No. You do not have to allow him to store his personal items in your home. If you have an attorney, request that your attorney write his attorney asking your ex-spouse to remove his personal items from your home. You could pack them up and place them in your garage if you have one and he could come by and get them on a specified date.


#3

one question…have you changed the locks on the house yet? He cannot just show up and grab stuff if the locks are changed. Once he moved out, you can change the locks at any time regardless of who is on the deed.

Other than that, I agree with momsdaughter. You can set a date for him to remove his stuff, but given that ED hasn’t been settled yet, probably a letter from an attorney would be best.


#4

You are not required to keep his personal items in the home, and can ask the court to set a date for him to remove those items.


#5

Thank you very much for the replies.

I changed the locks very shortly after we separated. However, the kids have keys and needed something from the house while I was out of town. My ex took them to get it. While he was at the house, he decided to remove some of his small belongings without speaking to me about it. I don’t think it is unreasonable to think he should ask me first. I wouldn’t dream of doing it without permission if the situations were reversed. Ex, on the other hand, seems content to leave his larger items here for free storage.

Our court date is a couple months away.


#6

He was certainly wrong to enter the home without your permission, and you should have your lawyer bring that up in court in a few months. Hang in there until then. I wish you the best.


#7

Thank you Ms. Clary. I appreciate your advice and support.


#8

What if I don’t take anything? What is the damage? How can a judge care if there is no damage?


#9

Entering the home without your consent is criminal domestic trespass. He cannot enter your home without your permission. However, if one of your children “invites” him into the home, that is a different story or at least that is what the police told me when I wasn’t home and my 17 year old son allowed his father into my home. You need to have your lawyer draw up a letter specifying a date for him to remove his items. Otherwise, I think you are well within your rights to dispose of those items. Erin? Barnowl, I have no idea what you are asking.