Real Estate Law
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Being liable for payment of a mortgage does not give a person any rights regarding use or entry upon the property itself. If you are still on the deed as a title holder, you would have such rights, subject of course to what the divorce court ordered regarding the right of possession. In other words an award of possession to your ex by the divorce decree would eliminate your right as a title holder to enter the property without her permission.
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Thank you. I need a little more clarification. We had our divorce done through a mediator. The court has not ordered right of possession to my ex. Also, I'm talking about entering the outside of the property in order to clean up a mess in the yard and put siding on the house. I'm not talking about entering the dwelling...
My name is XXXXX XXXXX the deed. There is no exclusive right of possession.
If that is the case then you ,as a co-owner cannot be charged with trespass. As far as anyone else, that is an open question and might depend on whether she calls the police and if so, which cop shows up. I didn't ask about civil restraining orders, but I'll presume that there aren't any. It's a strange situation, and I'm not sure what you are concerned about.
My ex is being spiteful and is just trying to puff her chest out a little bit. There are no restraining orders. However, she has stated in an e-mail that if my wife enters the property, even just outside to help clean up, that she would perceive that as a "threat". I know it's very petty, but I just don't want that to spill over into a police call just because we both pick up my daughter.
Thank you for your help!
Then I would not press the issue and have your wife stay away. A word to the wise....
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