Rights to house after divorce

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Rights to house after divorce

In our divorce decree, it was written down that
she would get the house. She’s already changed
the locks. My name is still on the mortgage
though. Is there anything I can do to make her
cooperate so I can get my stuff out of there?

Asked on April 30, 2019 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can bring a legal action (lawsuit) for a court order requiring her to allow you in to get your belongings, and/or for the economic value of those belongings--she has no legal right to your property (getting a house does NOT give you the rights to personal property in the house), but only a court can enforce your rights if she will not voluntarily do what she should.
Being on the mortgage does not help you in this case; being on the mortgage obligaes you to pay the mortgage but does not give you ownership or control over the home.


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