Locked out of Jointly Owned Home

[takidora007]

Washington

My ex husband and I own a home together. I moved out of the house due to constant fighting and negativity in the home the end of January. When I moved out, I was unable to pay for my portion of the mortgage on the home, and my ex decided he wouldn't pay either. The home is now on the market, and going into foreclosure.
Two days ago, my ex decided to change the locks on the home to show me "the consequences" of telling him I would take him back to court for failure to abide by the divorce decree (including selling and pocketing the money from the sale of joint money, keeping 100% of rental income from the tenant at the property. He is saying that he's not getting rental income, but the tenant has told me otherwise. I went to the house and took my property out of the garage, and he called the police when he returned home, and accused me of taking property that I didn't (and I proved this to the police already). I was told that I cannot go to the home since I do not have that as my primary residence, but I was under the impression that because it's a jointly owned home, he cannot lock me out without a court order for exclusive occupancy.
Because the home is on the market, I left some property in the home (when we were civil and speaking to each other) to help "stage" the home for the market. Because he's selling things, and now trying to prevent me from having access to my belongings, I do not trust him to have any of my belongings at the house.
We have not involved lawyers - and I just submitted a motion for contempt regarding the sale of property and pocketing the rental income. What recourse do I have to get my property out of the house, without his interference?

 

[mistoffolees]

The first question is always going to be:

What does your court order say?

Was he awarded the home? Does the court order grant you access? And so on. Until we know what the order says, it's impossible to answer your question.

If, for some strange reason, it is not addressed in the court order, I would get it addressed. Meanwhile, the title would control who owns the property, so how is it titled?

 

[takidora007]

It wasn't addressed in court - we agreed to split things 50 / 50 since we're in a community property state (WA). There was no statement as to access to the home, since it was on the market to be sold and has a pending foreclosure.

Would this be something I could bring up in the contempt hearing, since I mentioned on the paperwork that he has locked me out of the home?

Also - the title is in both of our names.

Is he able to call the police if I go to the property, even though I'm an owner and he has no exclusive rights to the property? The police officer said that because it's not my residence (which I asked him to define, and he couldn't) - that I could not come onto the property even though I am a joint owner.

 

[Zigner]

Call a locksmith...

ETA: If there is a TENANT there, then you can't just enter the property any time you feel like it. That would be violating the tenant's rights and could, possibly, be considered trespassing. You would need to give proper notice to the tenant.

 

[takidora007]

Call a locksmith...

ETA: If there is a TENANT there, then you can't just enter the property any time you feel like it. That would be violating the tenant's rights and could, possibly, be considered trespassing. You would need to give proper notice to the tenant.

The tenant is someone who has been renting a room from the house for over a year (and I will likely have to take to small claims court for the balance of the rent since Jan 2011).

If I call a locksmith - will I be getting the entire house re-keyed, or just having a key to the house made? Can my ex try to have me arrested for breaking and entering? I would really like to avoid the police getting involved - I haven't done anything wrong, but think it could paint me in a negative light if I have to take this back to court.

 

[Zigner]

The tenant is someone who has been renting a room from the house for over a year (and I will likely have to take to small claims court for the balance of the rent since Jan 2011).

If I call a locksmith - will I be getting the entire house re-keyed, or just having a key to the house made? Can my ex try to have me arrested for breaking and entering? I would really like to avoid the police getting involved - I haven't done anything wrong, but think it could paint me in a negative light if I have to take this back to court.

Based on the additional info, I would NOT get a lock-smith. You acknowledge that a tenant is in possession of the house. Deal with this through the court.

 

[takidora007]

Based on the additional info, I would NOT get a lock-smith. You acknowledge that a tenant is in possession of the house. Deal with this through the court.

Thank you... should I be able to force my ex husband to give me a key to the home via the contempt hearing since I mentioned the lockout?

 

[mistoffolees]

Based on the additional info, I would NOT get a lock-smith. You acknowledge that a tenant is in possession of the house. Deal with this through the court.

Yes, I would definitely deal with it through the court.

However, since there's no court order, it's going to be complicated. You can't simply ask for him to be found in contempt. You would first have to have a valid court order for him to be found in contempt.

Seriously? You're going to be far better off working this out. Home is in foreclosure so there's no equity to worry about. Unless the stuff you left there is heirloom antiques, it probably doesn't have much value as far as the court is concerned (think about what you'd get if you sold it in a garage sale).

What does the tenant's lease say? If there's no lease, I'd ask him to send each of you a check for 1/2 of the rent and settle it that way.

 

[takidora007]

Yes, I would definitely deal with it through the court.

However, since there's no court order, it's going to be complicated. You can't simply ask for him to be found in contempt. You would first have to have a valid court order for him to be found in contempt.

Seriously? You're going to be far better off working this out. Home is in foreclosure so there's no equity to worry about. Unless the stuff you left there is heirloom antiques, it probably doesn't have much value as far as the court is concerned (think about what you'd get if you sold it in a garage sale).

What does the tenant's lease say? If there's no lease, I'd ask him to send each of you a check for 1/2 of the rent and settle it that way.

If there isn't an order saying he has exclusive occupancy of the home, wouldn't excluding me be contempt?

The tenants lease dates back more than a year, and was essentially month to month. I have checks showing his rental payments monthly through December 2010... he became unemployed in January, and has failed to pay until April, when he told me he was paying my ex directly.

Since the tenant is paying rent my ex, would I be able to request half of the total rental income owed when I take my ex to court, since the financial agreement was protected by the TRO when we filed for divorce in Jan 2011?

I also have it documented that my ex sold joint property and had said he would be paying me (to the point of having me send a paypal request for the funds) - then he changed his mind. This is documented joint property and he pocketed the money. Will this show cause to have all of my property removed from the household, and force him to pay me for the property he sold?

Of the property left at the house, my parents gifted to me a washer and dryer about 5 years ago. I do not want it included in the short sale/foreclosure, but I know my ex will fight to keep it in the house so he can use it. Any thoughts on how to handle this? I don't trust the guy farther than I can throw him - I wouldn't put it past him to deface or damage property since I'm not there.

 

[Zigner]

If there isn't an order saying he has exclusive occupancy of the home, wouldn't excluding me be contempt?

The tenants lease dates back more than a year, and was essentially month to month. I have checks showing his rental payments monthly through December 2010... he became unemployed in January, and has failed to pay until April, when he told me he was paying my ex directly.

Since the tenant is paying rent my ex, would I be able to request half of the total rental income owed when I take my ex to court, since the financial agreement was protected by the TRO when we filed for divorce in Jan 2011?

I also have it documented that my ex sold joint property and had said he would be paying me (to the point of having me send a paypal request for the funds) - then he changed his mind. This is documented joint property and he pocketed the money. Will this show cause to have all of my property removed from the household, and force him to pay me for the property he sold?

Of the property left at the house, my parents gifted to me a washer and dryer about 5 years ago. I do not want it included in the short sale/foreclosure, but I know my ex will fight to keep it in the house so he can use it. Any thoughts on how to handle this? I don't trust the guy farther than I can throw him - I wouldn't put it past him to deface or damage property since I'm not there.

A >5 year old washer and dryer is what you're fighting about? Really?

 

[takidora007]

A >5 year old washer and dryer is what you're fighting about? Really?

Unfortunately, I don't have a lot of money to buy new appliances.... I just want to keep the property that belongs to me. Between the cost to move out, and get an apartment after paying a mortgage for 5+ years, I'm a little tapped out on my savings. I've been paying rent and bills while my ex is living rent free by squatting in the joint residence.

There is furniture, rugs, a stand alone freezer, and those appliances that I'm concerned he's going to be selling and taking the cash. I don't want these sold, and have documentation showing they were gifts to *me* from my family.

 

[Isis1]

Based on the additional info, I would NOT get a lock-smith. You acknowledge that a tenant is in possession of the house. Deal with this through the court.

This is the part where I got lost. The tenant is renting the ROOM, not the house. The tenant doesn't have possession of the entire house, right?

 

[takidora007]

This is the part where I got lost. The tenant is renting the ROOM, not the house. The tenant doesn't have possession of the entire house, right?

correct - he's just renting a room. Is tenant not the correct term?

 

[Zigner]

This is the part where I got lost. The tenant is renting the ROOM, not the house. The tenant doesn't have possession of the entire house, right?

I think there's a lot more going on than what we are being told, so it would be unwise to advise the OP to just barge on in there. I'm going with my gut.

 

[Isis1]

correct - he's just renting a room. Is tenant not the correct term?

It's the right word. I just wanted clarification on that subject. It is my understanding that if your name is on the title, barring a court order you can access the entire property at any time unless you have a tenant. But in this case, it's a restricted access tenant, not the entire house. The rented room would be under landlord/tenant laws. At least, so I thought.

I'm hoping someone would clarify that for me. And for you as well.