Can an ex prevent a re-married spouse from having their new family move into a house that the divorced partners still own together?

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Can an ex prevent a re-married spouse from having their new family move into a house that the divorced partners still own together?

I am getting remarried. My divorce was final in 01/09. My new husband and stepson are moving in. Now my ex states that he is getting a lawyer to contest this. I have 1 son and 1 house from my previous marraige. The divorce decree lists me as custodial parent and joint custody with ex. I still live in the house with my son as we are waiting for it to be sold (it was originally listed in 07/08). Decree also states all costs of maintaining home including mortgage and proceeds from sale will be split. I have suggested a buyout/deal with my ex regarding the house but he is unwilling to make a deal so he doesn’t have to pay the mortgage anymore. There is no mention of who can live in the house with us in the divorce decree.

Asked on April 1, 2011 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your ex-husband is still the owner of--or coowner with you--of the home, then he probably *can* stop your new husband from moving in. Or rather: if he is the sole owner, then he has an absolute right to do so, if the divorce decree does not limit his right. If he is a co-owner with you, he still can most likely do this, though you should consult in detail with an attorney about the specifics of your case to be certain. Basically, a property owner has rights over who resides there, and that is a function of property law. It would be worthwhile consultling with an attorney, divorce decree in hand, to confirm your rights, but there is a good chance you may need to reside elsewhere with your new spouse.


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