If my boyfriend is going through a divorce and is ex-wife moved out, what are her rights to re-enter the premises?

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If my boyfriend is going through a divorce and is ex-wife moved out, what are her rights to re-enter the premises?

She moved out 5 months ago. There is a petition of divorce that has been filed in the courts. All her belongings are out of the premises. Now that I have moved in this month, she is now claiming she still lives there and has every right to move back in. She comes and goes as she pleases because she has a key. Is there anything right about this? Can we keep her out? Again, his name is on the mortgage and he owns the house.

Asked on December 13, 2011 under Family Law, Indiana

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

If the divorce is not finalized she technically still lives there. You need to wait until the assets are divided before doing anything.


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