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New wife rights

Discussion in 'Marriage, Engagement, Domestic Partnerships' started by TAMLA0626, May 7, 2012.

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  1. TAMLA0626

    TAMLA0626 Law Topic Starter New Member

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    My husband and his ex-wife have a home and a business. The divorce decree states they can not have anyone in the home who is not a relative. The ex-wife is currently living elsewhere and has remarried. My husband resides in the home along with their kids. He and I were recently married, what rights do I have as his new wife to be in the home and can his divorce decree be amended until the home is sold?
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    Are you saying the EX has said you cannot live there or is your husband saying that?
     
  3. TAMLA0626

    TAMLA0626 Law Topic Starter New Member

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    His divorce decree states anyone not related is unable to be at the residence. However this is before both of them remarried.
     
  4. shrinkmaster

    shrinkmaster Well-Known Member

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    Your related to your husband through marriage and has the Ex taken issue with this or your husband?
     
  5. disagreeable

    disagreeable Well-Known Member

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    You are related to the husband. You are his spouse. That qualifies.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    OP has made no mention as to who brought this issue up. This may tell us much
     
  7. TAMLA0626

    TAMLA0626 Law Topic Starter New Member

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    So even though the house is in both their names, I still have a right to be there because I'm now his wife.
     
  8. shrinkmaster

    shrinkmaster Well-Known Member

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    In our opinion it appears yes but again I ask you who brought this up there is a reason I am asking
     
  9. disagreeable

    disagreeable Well-Known Member

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    The ex must take hubby back to court on a charge of contempt, for ignoring the divorce order. Hubby will present the marriage license and the judge will throw it out. If hubby has a lawyer represent him, he should request she be ordered to pay his lawyer fee.
     
  10. TAMLA0626

    TAMLA0626 Law Topic Starter New Member

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    His ex-wife had an issue yesterday. My car was parked in the garage while we were out of town. She doesn't have a key to the house but still has the garage door opener. When she opened the garage and saw my car parked there she had an issue. However she has remarried and of course lives elsewhere. My husband will not let me get involved, however my issue is that now that I'm married to him, I have a right to be there until the house is sold.
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

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    Hes right its not your issue. However as his legal wife you have the right to be there. All he need to do is either go to court to amend order (like there needs to be a hearing) or wait for her to file court papers and watch Judge laugh her out of court
     
  12. TAMLA0626

    TAMLA0626 Law Topic Starter New Member

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    Shrinkmaster, she brought it up yesterday when she came to the home. I was not there at the time however my car was parked there.
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    Ok that does not change my reply but thank you
     
  14. mightymoose

    mightymoose Moderator

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    The ex wife has no business whatsoever opening or entering that garage or the rest of the house.
    You should consider changing the openers so that hers does not work anymore. This is easy to do and cheap.
     
  15. Proserpina

    Proserpina Moderator

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    Not so fast - if she's still on the deed, she may have every right to come and go as she pleases unless the court has given the husband exclusive use of the home until the home is sold.

    She can't realistically (yes, it would likely be laughed out of court) stop New Wife from being around, but we don't have enough facts to determine whether or not the husband can legally lock her out of her own property.
     
  16. mightymoose

    mightymoose Moderator

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    A name on the deed does not mean she can come and go as she pleases.
    If the ex lives elsewhere and has remarried she has no business in the house. Her ex-husband and the OP have a legitimate expectation of privacy there.
    Ex-wife could potentially commit a criminal trespass. That would be much easier to prove if she did not have working keys and garage door openers.
    Of course, this isn't the question that was asked, but it is an underlying problem that brought the question up.
     
    TAMLA0626 likes this.

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