Can I bar someone from entering a home I co-own with my ex-spouse?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption