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wgallios's avatar

Wife moved out, can she legally come back in the house if I don't want her to?

Asked by wgallios (1768points) September 23rd, 2010

My wife and I have recently separated and are in the middle of divorce. She still has a key to the house, and I’m going to change the locks. However is she legally allowed to come back to the house even without my permission?

She moved out about 2 months ago and has been living with a friend. I own the home, and her name is not on the loan/title. This is also in Las Vegas, NV.

I simply do not want her showing up randomly, or when I’m not there. It’s probably better that way for the both of us.

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10 Answers

Hawaii_Jake's avatar

I’m not a lawyer, but it’s my understanding that she has a right to her own possessions like clothes and gifts given to her.

wgallios's avatar

I have no problem with her getting her stuff, cloths, half the furniture etc. I just don’t want random visits.

Hawaii_Jake's avatar

That’s completely understandable. Have you talked to your lawyer about it? Perhaps it’s best if the lawyers arrange a time for her to come get the things that are hers and whatever else you agree on.

iamthemob's avatar

Yes, she does. Until all the property has been divided, that house is still the marital home.

thekoukoureport's avatar

I believe that if the house is in both of your names then it’s her house as well.
Even if it is not, being that she is your wife she would be entitled to a percentage of the marital assets. (LA LAW taught me that Arnie Becker)

WestRiverrat's avatar

As long as it is your residence and not hers, I think she has to have your permission to enter the property. But you need to get your lawyers opinion.

Just get a no contact order, then she can’t drop by without the permission of the judge.

Cruiser's avatar

What you want may not be what you get so be prepared. All I can say is good luck…very unfun ride your are on.

YARNLADY's avatar

Since you state her name is not on the deed or mortgage, it is iffy, because Nevada is one of the community property states which means all marriage assets, no matter whose name, are split half and half. Until the assets are legally divided, she owns half.

If I was you, I would change the locks.

john65pennington's avatar

If you two are still legally married, half the house and furnishings belong to her. no, you cannot change the locks and prevent her entry. you will have this situation until the divorce court makes a determination of who gets what in your divorce. until that time, she has just as much right to come back to her house as you do. sorry, thats just the way the law is in a 50–50 state. its all civil, unless an assault or other crime is committed.

mollysmithee's avatar

She is legally allowed to enter your house as long as she has a key. So, you should get the locks changed as soon as possible. If you are concerned about her coming around at all, you might want to take out a restraining order if you have reasonable cause to do so. Here is an article on temporary restraining orders after a break-up:

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