Q: Can I access a jointly-owned house for maintenance per divorce agreement?
In a divorce settlement agreement, my ex was granted the right to live in our jointly-owned house for the next 5 years. There is no specific language preventing me from entering the house for maintenance. Can I legally access the property for maintenance purposes? Additionally, since the house is still under both our names, am I allowed to retrieve my mail from the property?
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A:
Even though your name is still on the title, your ex has the exclusive right to reside in the home based on the divorce agreement. That right generally includes privacy and control over the property, which means you can’t enter without their permission—even for maintenance—unless the agreement says otherwise or they agree in writing.
If you’re concerned about needed repairs or upkeep, the best approach is to communicate with your ex and try to work out a mutual understanding. You could offer to schedule times or provide notice in writing. If disagreements arise, you may need to revisit the matter in family court to clarify or enforce your rights.
As for mail, you’re not entitled to enter the home just to retrieve it. You should redirect your mail through USPS to a new address. If mail continues to go to that property, your ex isn’t obligated to give it to you unless there’s a court order. Keeping boundaries clear will help protect you from legal issues.
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