Is my mom legally allowed to come and go as she pleases once she moves out?

My mom and dad are divorced. They have a home together and are currently living together. She is property owner and his name is on the loan for the house. She is moving out in a month. She wants to be able to come back to the house as much as possible. But my dad does not want her to be able to come to the house without his permission once she is gone.

Asked on October 16, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your mother who is moving out of the home she shares with your father presently as a result of their divorce can come and go with respect to the home depends upon what the final marital dissolution order states and whether or not she still remains upon legal title to this home after the divorce is finalized.

If your mother remains on legal title to the home after the divorce is finalized, she has every right to come and go from this home as a property owner subject to any court order restricting this access. As such, it is very important for your mother to carefully read the final dissolution order in that its terms and conditions control the obligations owed to her by your father over the home and vice versa. 


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