Atlanta, GA asked in Divorce, Family Law and Real Estate Law for Kentucky

Q: Temporary exclusive order

I left our home because it was toxic, all my things are still there. Just talking between the 2 of us I told him I’d let him have the house, but I wanted whatever the court decided was my “portion”. He went behind my back and I just got sent a “temporary exclusive use and house possession” letter. We go to court march 9th. If I’m on the deed can he keep me from going into my own house if I need something etc? I haven’t gotten a lawyer yet because I haven’t had the funds.

2 Lawyer Answers
Anna Aleksander
PREMIUM
Anna Aleksander
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: If you say he went behind your back you may have grounds to file a motion to set aside this order if it is an order, you say it is a letter is it only a demand from his lawyer or an order signed by the judge? You can file a motion to reconsider/set aside 10 days from the date of the order. You have a right to respond and be heard on this issue. You should have a right to go in as you please if you are on the deed, unless a valid court order prohibits you from doing so. This is general assessment of the situation pursuant to KY law and is not legal advice that pertains to your specific situation. For specific advise, you should consult with a lawyer.

Timothy Denison
Timothy Denison
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: He can I’d the court ordered it, although you should have no trouble getting a temporary access order to get what you need. I highly recommend you hire a lawyer to handle this for you.

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