If my soon-to-be ex has the right to stop by my place at anytime, does that give me the right to stop by her place?

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If my soon-to-be ex has the right to stop by my place at anytime, does that give me the right to stop by her place?

Filed for divorce. Wife moved out but is entitled to stop by my house anytime she wants. Does the same apply to me stopping by her apartment?

Asked on August 22, 2010 under Family Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

No, unfortunately, the door does not swing both ways on this.  You are living in the marital home, correct?   Until she has relinquished her rights in a separation agreement or a court has given you exclusive occupancy pending the divorce, it is still the marital residence.  I would, however, apply to the court for the right to change the locks (don't do it until then) and otherwise occupy exclusively for the time being, especially if she is now paying rent elsewhere.  Is she still paying the bills at the marital residence? Unless there is some pressing reason not to I can not see the court giving you a problem.  Good luck.


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