I have an ex that is moving out. I know that she had rights to come in my house (I solely own the house) when that was her residents. However she has now got her own apt and is still saying she can come and go as she pleases to get her things whenever. I want to prevent her from coming in and schedule a time to get her things at once. When do her rights to come in the house when she wants to end. Will the police force me to let her in or what can happen if I say no. If I can stop her do you know what makes me allowed so I know what Iam talking about ha
1 Answer from Attorneys
Thank you for your question. I am sorry to hear what your soon to be ex-wife is putting you through. Under Pennsylvania's Domestic Relations law, property purchased or acquired during the course of the marriage is considered "marital property", to which both spouses have a claim, regardless of which spouse "paid" for the property and regardless of which spouse's name is indicated as the owner. The only exception to this rule is property acquired by gift, devise, or inheritance. In those instances, the property remains the sole property of the individual to whom it was given, devised or bequeathed.
Therefore, if you purchased the property during the course of the marriage, it is considered "marital property" to which your wife has a legal interest. However, if she now lives in property which she calls "her apartment", then she does not have the right to come and go into the property where you live. You can set boundaries and establish a mutually convenient time for her to come into where you live to gather her things and take them to her place of residence. If she does not agree to this and if divorce proceedings have been commenced, then you will have to file a Petition with the Court setting forth what has been going on and ask the Court to set a date and time during which your wife can come and collect all her personal property. Thereafter, she will not be permitted to 'come and go' into your property as and when she pleases. Keep in mind, however, that if you purchased the house during the marriage, such an arrangement will not change the character of the property and it still remains 'marital property' subject to equitable distribution. But, such an arrangement will, at least, give you some peace of mind, knowing that she cannot come and go as she pleases and disrupt your life.
ANDREA G. TILLIS