Is an ex-husband allowed by law to enter their former wife’s house without her permission?

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Is an ex-husband allowed by law to enter their former wife’s house without her permission?

Her husband committed adultery and was diagnosed bipolar almost 2 years ago (after a suicide attempt). He moved out 18 months ago and is living in a hotel. He does not have a job and is not emotionally stable. I think he is mentally abusive to my friend as she is still texting him and listening to him and needs therapy herself. Anyway, his parents are paying the house payment for the house she lives in and she can’t afford the payment. She has 17 and 14 year-old children who live with her. The divorce is final now. He says he can come in anytime since it’s his house to? What are her rights?  

Asked on June 16, 2011 under Family Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

Ok so who got the house?  Was there an agreement?  Or in other words, how was that asset distributed in the divorce action?  Does it say something like she has exclusive occupancy and it will be sold after the 14 year old turns 18 or something like that?  What is says will dictate what the actions of the parties will be.  If she has occupancy then he can not just come over any time he wishes.  She really needs to have someone look over her divorce papers and give her guidance on what to do.  This could be a very volatile situation for all and she needs to be aware of her rights and limits should he come a calling.  Good luck.


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