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Husband and I are separated filing for divorce after first…

Customer Question
Husband and I are...

Husband and I are separated filing for divorce after first of year. I hear that I can not lock him out as house is not mine yet. Even through we are joint owners of house does he still have the right to come in the house if I don't want him to since we live separately now.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

Briefly and she told me to get a budget in order.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just my rights about him entering house.

Submitted: 2 months ago.Category: Family Law
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Answered in 5 minutes by:
12/15/2017
Family Lawyer: Lucy, Esq., Lawyer replied 2 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,231
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Until the judge enters an order regarding the house, legally, either of you can come and go at will. When you file for divorce, you do have the ability to file a Motion for Exclusive Use and Possession of the Marital Home, asking the judge to say that he is not permitted to enter the house without your express permission. This can be done before the divorce is finalized. The fact that he's already moved out should make it easier. After all, you can't go over to his new place and wander through whenever you want, so there's no reason for him to come back to the home after moving out. If he still has any belongings in the house, the judge can give him a deadline for getting them out. That way, he has no need to visit the house.

Another option is to see if you can enter an agreement where he agrees to stay out of the house and you agree to give him something he'd like in exchange.

Please rate my answer positively so I get paid for the time spent answering your questions. If you're on a mobile device, you may have to scroll to the right. Thank you.

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Lucy, Esq.
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Category: Family Law
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