If I moved out of our rental townhouse but I am still on the lease, can I still have access to our rental?

I am married but separated. I moved out of our rental townhouse but I am still on the lease and I help her with the rent and bills. She says that I cannot go there at all. Can I legally go there? There will be no problems if she is there but I would prefer she is not.

Asked on August 15, 2012 under Family Law, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

If you have an agreement that she is to have exclusive use and occupancy or an order to that effect then no, you can not go there.  If there is no agreement or order then yes, you can.  But for what legitimate reason would you want to go?  I am afraid that she would at some point file and state you are harassing her.  It may be time for you to move on legally and get things started in the divorce.  Good luck.


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