If my ex-husband lives in the home we both own, can he lock me out or prevent me from entering the premises?

He will not allow me to get my furnishings.

Asked on July 21, 2018 under Family Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Joint owners of a home have equal rights to the access and occupancy. This is true even if just one of them actually live there. That having been said, if the terms of your divorce decree gives just your husband the right to live there, then that will control in this matter.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, he may not do this if you both own the home. Any owner has the right to access, use, occupy, etc. a home that she owns or co-owns, and one owner has no right to exclude another owner, even if the first owner lives there and the second does not. You can go to your county court and apply for a legal action for a court order requiring him to let you in; go to the clerk's or customer service order at the courthouse, explain that a co-owner of a house you own (co-own) has locked you, and they can provide instructions and forms.


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