If I’ve been divorced for 2 years should my ex-husband still have the right to access the house if his name is still on the mortgage and deed?

Part of our divorce agreement (done through mediation) states that my ex pays the house payment for 5 years in lieu of child support. Since his name is still on the loan, as well as all documents related to the house, he feels he should get to keep a house key and use it when he needs to. Does he have the legal right to do so?

Asked on July 18, 2015 under Family Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if your ex-husband is still an owner of the home--and he is, if he's on the deed and the mortgage--then he has the right to access and use it, unless there is something in your divorce agreement specifically preventing him from doing so. Otherwise, any owner of any real estate has the right to access, use, and possession.

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