Joint property after divorce can one party leave and come back into the property?

Asked over 1 year ago - Bolingbrook, IL

I have been divorced over a year and the house was not divided in the divorce because it was in foreclosure. We both are responsible for the house until the bank takes it back, due to a hostile environment I moved out of the home. The ex stayed in the house and now due to a reduction in hours at my job I can't afford my apartment, can I move back into my house? The house won't be returning to the bank until at least the fall of 2013.

Attorney answers (5)

  1. Elizabeth M. Feely

    Pro

    Contributor Level 13

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    Answered . Although the above answers correctly state the law, given that you moved out due to a hostile environment, you could reasonably anticipate that your ex will not take your return to the home very well. Once you move back in, if your ex creates the same hostile environment, you may have grounds for either an order of exclusive possession or an order of protection. Keep good notes of his conduct in the event you need to provide details to the court.

  2. Gary L. Schlesinger

    Contributor Level 20

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    Lawyers agree

    Answered . if there is no order giving your ex exclusive possession of th house, perhaps you could. so take all your court papers to a lawyer for a review and advice.

  3. Judy A. Goldstein

    Contributor Level 20

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    Lawyers agree

    Answered . Absent any order to the contrary, you have just as much right to live in the house as your ex. Have your prior attorney - or a new one - review all your papers to make sure this is accurate. You need to inform your ex that you are returning and if he has changed the locks, get a locksmith (and a police officer) to help you.

  4. Wes Cowell

    Pro

    Contributor Level 18

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    Answered . I'd just like to add that the house itself is a problem, here. The bank may take the house in the foreclosure suit, but they'll also take a deficiency judgement. And don't forget the real estate taxes (unless the bank is paying them via escrow).

    You say you are both responsible for the house until the bank takes it. That doesn't make sense. The only reason the bank would take it would be if you both are NOT being responsible for the house (i.e. making the payments). You're both taking advantage of the situation (she more than you), but you're not being responsible for the obligation.

    So, what will happen when the house burns down, or the roof is damaged, when the bank obtains a judgment against each of you? You really should get the financial side of things taken care of.

  5. Charles James Fleck

    Contributor Level 1

    2

    Lawyers agree

    Answered . Yes. Since you are one of the owners, along with ownership ia a right to possession, unless the property is leased to someone else or a court orders otherwise during the divorce case. However, moving back in may create an abusive environment and you move in at your own risk. I suspect there is be calls to the local poice for domestic violence. If he abuses you, you may obtain an order protection against him and have him removed from the house by court order. Good luck.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Facing Foreclosure During Divorce

Going through a home foreclosure in the midst of a divorce involves managing debt to try and avoid losing your home.

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