• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Residency Acess

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

buster2209

Junior Member
What is the name of your state (only U.S. law)? Pa

My wife and I are currently separated with the intention of getting divorced. I say intention because she says she has filed for divorce but I have to receive notification of this from her lawyer.

Anyways, I left the apartment we were both leasing and took my name off the lease. I am currently in my own apartment with only my name on the lease.

My question is this;

Do she she have any legal right to be in my apartment whatsoever or do I have the legal right to report her for theft and/or trespassing if she takes any of my stuff?

This is all assuming I am not there at the time and she has obtained access via whatever means.
 
Last edited:


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Pa

My wife and I are currently separated with the intention of getting divorced. I say intention because she says she has filed for divorce but I have to receive notification of this from her lawyer.

Anyways, I left the apartment we were both leasing and took my name off the lease. I am currently in my own apartment with only my name on the lease.

My question is this;

Do she she have any legal right to be in my apartment whatsoever or do I have the legal right to report her for theft and/or trespassing if she takes any of my stuff?

This is all assuming I am not there at the time and she has obtained access via whatever means.
How is she going to obtain access? Tell the landlord not to give her a key.

Since she has never lived there, she can not claim that it's the marital home, so she has no right to go there.
 

Zigner

Senior Member, Non-Attorney
Did SHE agree to remove your name from the lease at the original marital residence?
 

nextwife

Senior Member
Did SHE agree to remove your name from the lease at the original marital residence?
If she requested he move out to a different apartment, removing his name from this lease may have been necessary to comply with her request. As a landlord, I would want termination of existing rental responsibility before I'd rent my place to him. Most LLs would.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top