If after filing for divorce I established my own residence in my name before the divorce was final, does my spouse have any rights to it?

I moved out and got a lease on a new residence. We filed for divorce about a month ago but its not final yet and now my wife is trying to claim that she has rights to come in and out of my house as she pleases. Can she do this and, if so, what legal right does she have?

Asked on June 5, 2012 under Family Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, once you file for divorce a red flag goes up for the court that the marriage is over and that this is a date certain for that.  Then you and your spouse are considered to be separate parties making separate decisions.  So I do not think that she has the right to come and go in your home as she pleases.  But give her the same courtesy as well. Good luck.

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