What does "Exclusive Use" of marital home entail?

[Daddio37]

Greetings, all!

I am currently trudging through the divorce process in West Virginia, during which my ex was granted temporary exclusive use of the marital home. Yesterday she suddenly started demanding I give her my keys to the house. We have been separated since September 2011, and I have not resided in the home since late October (she forced me out with the old false Protective Order routine). I have never entered the home without her permission, and only now is this an issue (why? who knows).

Basically, I am wondering does she have a right to demand my keys?

Possibly Important Facts:
- Property and Mortgage are both solely in my name, thus I am the one legally responsible for it (someone falls on my icy driveway, I get sued, not her), and therefore (I feel) a right to protect my investment should the occasion arise.
- I currently pay for the entire mortgage, plus full support for ex and 2 children
- Divorce is still pending, no final property rights have even been discussed

Thanks a bunch!

 

[Zigner]

Make a copy and give her the originals. You have no right to USE the place, but that doesn't mean you can't have keys.

ETA: She has every right to ask and even demand that you give her the keys. This is a free country

 

[LdiJ]

Greetings, all!

I am currently trudging through the divorce process in West Virginia, during which my ex was granted temporary exclusive use of the marital home. Yesterday she suddenly started demanding I give her my keys to the house. We have been separated since September 2011, and I have not resided in the home since late October (she forced me out with the old false Protective Order routine). I have never entered the home without her permission, and only now is this an issue (why? who knows).

Basically, I am wondering does she have a right to demand my keys?

Possibly Important Facts:
- Property and Mortgage are both solely in my name, thus I am the one legally responsible for it (someone falls on my icy driveway, I get sued, not her), and therefore (I feel) a right to protect my investment should the occasion arise.
- I currently pay for the entire mortgage, plus full support for ex and 2 children
- Divorce is still pending, no final property rights have even been discussed

Thanks a bunch!

Yes, she does have the right to demand that you turn over your keys, and the right to change the locks if you do not. Exclusive use of the marital home means that its 100% hers to use, without interference or interruption by you, until the court orders otherwise. You have no right to go there or enter the home without her permission/invitation.

 

[Zigner]

Yes, she does have the right to demand that you turn over your keys, and the right to change the locks if you do not.

Sure, but that doesn't equate to a requirement that he do so.

Exclusive use of the marital home means that its 100% hers to use, without interference or interruption by you, until the court orders otherwise. You have no right to go there or enter the home without her permission/invitation.

Having a set of keys is not interfering or interrupting anything.

 

[LdiJ]

Sure, but that doesn't equate to a requirement that he do so.


Having a set of keys is not interfering or interrupting anything.

The only possible reason why he would want to keep a set of keys is in order to be able to enter the property without her permission. Of course, if I were her I would change the locks anyway.

 

[Daddio37]

There is a reason to have keys to the home other than to enter it without permission. A landlord would have keys to his property, but he can't usually just enter it without notifying the tenant, right? That's somewhat how I am viewing this. In other words, I don't believe "use" equates to "ownership". But of course I am no expert, not in the least.

I have absolutely no intention of entering the house without her permission, but keep in mind this: 99% of my personal belongings are still in the house, and I pay for 100% of the mortgage. Since I have been gone, she has routinely left the home unlocked (with children inside), the garage door has mysteriously been bashed in, there have been food spills left on the carpet for months at a time, etc. And before you ask, I saw this only when she allowed me inside during pick up of the children (and yes I have the photos to prove it). Also, at one point the judge allowed me to reside in the home during my visitiation weekends, which stopped because my ex threw such a tantrum about it in court.....the silly girl had been bringing in strange men she met online and then left the "evidence" laying about in bathroom for all to see. She wasn't too happy that I collected such evidence for my lawyer to show in court.

Oh, and I forgot to mention what she did last night when I politely refused to give her my keys. She proceeded to yell profanities at me in front of our young children, and when I asked her to step away from the car so we could leave, she slammed the door in our daughter's face, called me another name, and then kicked the car door. The kids were scared and crying. I got out of the car and called the police, but then changed my mind because I did not want the children to see anymore of this drama. I'm not dealing with a stable person here (of course, she would tell you the same about me, lol).

Anyway, I thank you all for your help. I am being impatient while I await the return call from my attorney.

 

[Zigner]

The only possible reason why he would want to keep a set of keys is in order to be able to enter the property without her permission.

That statement is farcical. The OP's reasons say nothing of wanting to violate the court order.

Of course, if I were her I would change the locks anyway.

I don't disagree with this. But, if she's ordered out of the house at the end of the marriage, then it will be money wasted.

 

[nextwife]

The mortgage borrower is leally obligated to his lender to monitor the mortgaged premises and protect it from "waste". He needs to make certain utilities are maintained, the sump pump is running (if needed to avoid basement flooding), it is winterized if unheated (if exposed to potential pipe freezing weather). Additionally, he needs to make certain that nothing that violates property insurability occurs.

Having no key at all is unwise, and is irresponsible in light of his contractual obligations to the lender for whom this house is collateral.