My Boyfriend has been divorced for about a year & half now. He got physical custody of their 13 year old daughter. It was in the divorce agreement they would sell the house after their daughter graduates 8th grade. She now a freshman in HS. He is purposely dragging his feet and trying not to move until she graduates HS.
The Ex-wife is a alcoholic & moved out of the house before the divorce was final. She is living in a condo that her mother owns. She got laid off from her job 8 months ago. Since she was laid off she has become more of a nuisance and mental concern. She comes in the house whenever she wants. Occasionally she will call or text she is coming over. But if she thinks nobody is home will just come over & get mail, or whatever she wants. She gets drunk and comes over yelling, screaming & shoving him about me, him being a jerk or whatever is ruffling her feathers that day.
1) She technically still owns the house and her name is on the mortgage
2) They are legally divorced
3) It's in the divorce decree they are to sell the house at a later date
3) She has moved out & established residency at another address
Can he legally change the locks on the house?
First, I would have your BF review his divorce judgment carefully. Commonly in these situations, one party will be granted the exclusive use and possession of the home pending the sale. If not, since they are both on the title to the property, BF can change the locks. But, the ex can break the locks and access the home. The best bet would be to return to court to ask the judge to grant BF the exclusive possession of the home. He should take his divorce papers to an experienced family law attorney for a review and for more detailed advice on his options. Many lawyers offer free initial consultations.
She shouldn't just be barging in a home that she doesn't reside in. She has moved out. And established residence elsewhere. He and his daughter are clearly the residents of the home. She abandoned the home. The divorce is final. Change the locks.
If she is coming over being argumentative and shoving him physically it may be necessary to seek an order of protection.
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were he my client, i would tell him to change the locks. i would also tell him to list the house for sale since that is what the court order requires.
Much of what you say has nothi n get to do with your question, which is whether or not he has exclusive possession of the home. Must review language contained in divorce judgment. If yes, he can change the locks. If no, he should file a motion to modify the judgment so that he has exclusive possession.
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