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Irwin Law
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I pay the mortgage on a home that my ex-wife and daughter still

Resolved Question:

I pay the mortgage on a home that my ex-wife and daughter still live in. My name is XXXXX XXXXX mortgage, taxes and insurance. Does my ex-wife have the right to forbid me or my wife from entering the property? We live in Bucks County, PA...

Thank you!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

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.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 1 year ago.

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...

Expert:  Irwin Law replied 1 year ago.
Is your name still on the deed to the property, or did you Quitclaim Deed it to her as part of the mediated settlement? What legal document, if any, have you signed that might give your ex the exclusive right to possession?
Customer: replied 1 year ago.

My name is XXXXX XXXXX the deed. There is no exclusive right of possession.

Expert:  Irwin Law replied 1 year ago.

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.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 1 year ago.

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!Laughing

Expert:  Irwin Law replied 1 year ago.

Then I would not press the issue and have your wife stay away. A word to the wise....

 

I hope that this information is helpful. Please click on a smiley face so that I will be
compensated for assisting you. If you have a follow up question please send me
back a Reply without entering any rating. Also, be sure to verify this
information with a local attorney who is familiar with your local laws and
procedures. Thanks again for using Pearl.Com- Just Answer. Your business
is appreciated.

 



Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4958
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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