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Roger, Attorney
Category: Family Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in PA and am in the process of divorce. My spouse and

Resolved Question:

I live in PA and am in the process of divorce. My spouse and I have been living apart for 5 months and I just recently refinanced my house and had her name taken off the mortgage (she signed off on this as witnessed by a notary). Does she have any legal right to enter the house without my consent? And, although we have not finalized the Property Settlement Agreement for the divorce can I legally have the locks changed?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


Is her name on the property's title (deed)? If so, has she signed a quitclaim deed over to you?

Customer: replied 5 years ago.
With the refinance her name was taken off the deed.
Expert:  Roger replied 5 years ago.

I want to be clear with you, so I apologize if I'm asking the same thing again.


Refinancing has to do with the mortgage only - a deed of trust would be signed by you to reflect the loan in your name only.


However, the property's title is a totally separate thing. Just because you refinanced in your name only - and your name is XXXXX XXXXX one on the deed of trust - that doesn't change her status on the property's deed/title.


Unless she has executed a warranty deed or quitclaim deed to you for her interest in the property, she still owns an interest in the property even though she's not on the mortgage loan and deed of trust.


If she has done this - issued you a deed for her interest - she has no property rights in the house any more regardless of whether the property settlement agreement has been entered by the court. This is so because she's given up all interest in the house so there's nothing to divide or account for under the property settlement agreement. Thus, she would be allowed access only with your permission. This is especially true if she no longer resides in the house.


If she has not deeded you her interest in the property, she still has access as your spouse and as the property is the marital residence.

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