How much access do I have to the housethat I am still paying half the mortgage on?

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How much access do I have to the housethat I am still paying half the mortgage on?

My husband and I recently separated. We have 2 children and 1 that passed away 2 years ago. I have moved out; due to his state of mind he could not leave the house. I am still paying half the mortgage until we file and the divorce is final. He wants me to give him my key to the house when my stuff is still in the there (he told me I could keep it there until I found a permanent home).

Asked on July 12, 2011 under Family Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, do you have a formal separation agreement? If you do, does it address your access to the house? If so its terms will govern this situation. Or are there any temporary orders regarding this matter that have been issues? It will control who has the exclusive use and possession. If not, then until the divorce is finalized it is still considered to be the marital residence; this is true whether or not you have moved out. Accordingly, you have as much right as he does to enter or even occupy the house.

Note: This is true regardless of who is making the mortgage payments or whose name that the house is in.


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