Can I bar someone from entering a home I co-own with my ex-spouse?
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Can I bar someone from entering a home I co-own with my ex-spouse?
My former husband and I divorced and retained co-ownership of our home which we
were co-habiting with our teenage son until August 2017 when I got a job teaching
in north Texas. I am staying with my fiancee during the work week and coming home
to Fort Bend on some weekends. My former husband has a girlfriend who has been
spending many nights at our home. I was fine with the arrangement because she was
helping pick up my son from school. But she is not contributing to the upkeep of
the house, which is getting dirtier and dirtier every time I visit. We have
agreed to sell the house as soon as this school year is over. I recently
discovered that her dog urinated on our hardwood floor under a sofa and caused
damage. Can I get a court order that nobody but myself, my former husband and my
son be in the house until the time it is sold?
Asked on March 13, 2018 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Any property owner has the right to let anyone onto the property as they see fit. Basically, a guest cannot be barred. That is unless such a erson poses a threat and puts the other owner or any occupant of the premises in fear for their safety.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
IF the girlfriend poses some threat or bad influence on your minor son, or is a threat to you, you could likely get a protective order from family court barring her. But without such a threat justifying a protective order, you cannot exclude her: any property owner has the right to let anyone he chooses access, stay in, etc. the property.
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