Can I refuse my wife access to my residence?
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Can I refuse my wife access to my residence?
My wife moved out several weeks ago after admitting to an affair. On Monday she voluntarily removed her name from the deed to the house, with the mortgage and now deed solely in my name. Can I refuse her re-entry to the residence, even though she has not legally changed her mailing address yet. We had originally had an agreement in which I would allow her and her stepfather to come and remove several large items from the house with notice. However, she has since said she is not going to have her stepfather help her but rather an individual who I have never met. I realize she has a right to
her property but I do not want strangers in my residence, certainly if I’m not present. Can I refuse to allow others in my house and does she still have the right to enter?
Asked on June 20, 2017 under Family Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Until there is a formal separation agreement in effect, a final decree of divorce or other relevant court order, which states who has the right to the possession of the house, it remains the "joint marital residence" no matter whose name is on the deed. Accordingly, you cannot block you wife's entry onto the property. At this point, you should consult directly with a divorce attorney. You may be able to get a court order giving you the exclusive possession of the property since your has already signed off on the deed.
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