If my wife of 11 years has left me and signed a lease for an apartment, do I have the right to enter it at free will like she still has with the house that we were in?

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If my wife of 11 years has left me and signed a lease for an apartment, do I have the right to enter it at free will like she still has with the house that we were in?

And yes she was on the title.

Asked on June 28, 2015 under Family Law, Illinois

Answers:

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

Answered 6 years ago | Contributor

No you do not. She is on the lease, you are not. Additionally, she has the right to enter your house not simply because she is a co-owner, even if she was not on the deed she would still have that right since the house is considered to be "the marital residence". Her aaprtment, on the otherhand, is not such a residence. So while seemingly unfair to you, the law is that she can enter the house but you cannot enter her apartment.

Note: Once your divorce is final, who gets the the house will be determined by the court.


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