Q: Post divorce the marital home has not been sold does the non occupant have access rights?
The parties have been separated for 2 years husband resides in home has until 2020 to buy Xwife out. Xwife continues to come over unannounced and has her things stored in a garage refusing to move them. She says it's her right because her name is still on the house.
A: The judgment should provide guidance about access rights. There is a term called exclusive rights to the community residence, and it sounds like the occupant of the home has the exclusive right to use the home without the other person coming over, but without more information we do not know what transpired in court nor do we know what the terms of any agreement are if there was an agreement. It sounds like occupant has the exclusive use of the home subject to any reimbursements, buyouts, etc, but having her property in the house creates issues and potential access rights. Also, in general both spouses can have access to the home unless there are particular orders or agreements. More facts are required to provide a thorough analysis.
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