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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4187
Experience:  30 years of experience
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Can a divorcing couple who are currently living in the same

Customer Question

Can a divorcing couple who are currently living in the same house lock one person out of part of the house?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This is in Logansport, Indiana
JA: Has anything been filed or reported?
Customer: The attorney is on vacation until Monday. My sister contacted his legal assistant. It's a big mess. Evidently her husband has been cheating on her for years and wants his girlfriend to live in the house with them. My sister has filed a restraining order but evidently it will take awhile. They are to go to court the 12th of Aug about living arrangements. My sister moved out to Ft. Wayne to stay with a neice but she is being re-located to Washington DC so my sister has to move back home. Her lawyer thought it would be a good idea to live in the house but she doesn't want to live with her husband & his girlfriend. What a mess!!
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm not sure. It just didn't seem right that he has locked her out of the master bed/bath where most of her clothes are so he & his girlfriend can stay in there. His girlfriend is also married.
Submitted: 2 months ago.
Category: Legal
Expert:  Gerald, Esq replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 2 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This is a complicated situation. It would be better for her mental health to mov out if she can afford it.

BUT that is not your question.

Legally, if this is her house then she has the right to enter any portion of it (unless there is a court Order stating otherwise). She can enter the master bedroom or any room she wants since it is her house too.

She can not disturb the peace to do so but otherwise there is not law to prevent her from doing so.

The challenges are that 1) Law enforcement will not involve themselves (unless there is a disturbance of the peace). They will state that it is a civil matter. 2) She risks creating a hostile confrontation that can end badly.

Again, although ths is not your question, in my experience it rarely works well for a divorcing couple to remain under the same roof.

If money is an issue she may be entitled to temporary support from her husband pending the divorce. This is an issue that she should raise with her attorney. Also she should be pushing for the distribution of the house (sale and distribution of her share to her).

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald