Can my ex-husband come and go as he pleases if he is still paying the mortgage?

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Can my ex-husband come and go as he pleases if he is still paying the mortgage?

My ex-husband and I still own a home together in which I reside in with our daughter. It is on the market, but until it sells, does he have the right to come and go when he pleases? He works 100 miles away and lives on the campus there, but comes home on the weekends. He verbally abuses me and does nothing with our child either. I want to know if there is a way that I can prevent him from entering the home until it sells. He does pay the mortgage and utilities until the house sells (but no child support because the law states he does not need to pay any  if he is paying the mortgage).

Asked on August 9, 2010 under Family Law, New Mexico

Answers:

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

Answered 10 years ago | Contributor

Your situation sounds ridiculous considering that you have already gone through a divorce.  What does your divorce agreement state?  Are you awarded the use and occupancy of the house until it sells?  Then you have every right to live there without the nonsense that is going on from him.  Were you represented by an attorney?  Call him or her and make sure that you are within your rights to change the locks.  And maybe seek to have a restraining order put in to place if he continues to verbally abuse you.  You and your daughter should not have to live like this. It is not healthy for you or for her and a court does not like to see a child especially placed in this type of situation.  Good luck.


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