Rights to access home?

[Angelus]

What is the name of your state (only U.S. law)? NM

I just recently got divorced. In the divorce it was stated that I would have sole ownership of the marital home. My exhusband signed a quit claim deed and it was filed at the time of the divorce. The divorce is final. The divorce states I would make arrangements to get his name off of the mortgage, but I did not state a time frame, as then I had to state I would sell the property if I couldnt refinance within 6 months (for example). So it states I will refinance but doesn't say when or how long I have.

It does also state I am 100% responsible for the mortgage (which I am)

My issue has been, because we owe back taxes and their are liens, it has taken me longer to refinance, which is why I didn't put a time frame, as I knew there would be issues and it would take me some time. However, I DO intend to do this.

My problem comes in that my ex husband feels he should have rights to access the property, have access to the mail (it has a community mailbox with a key). And he had refused to give me the key to the home, or the mailbox key.

After a huge arguement I changed the locks and he was not to happy to find out about this. Am I legally ok to have changed the locks? Does he have rights to access my home at will? I guess that is all I'm trying to find out. I think at this point we are trying to still be cordial and he is calm regarding his name on the mortgage ( HE KNOWS I WILL PAY IT). And he has even told me he wasn't even worried about it, yet he wants a key to the house, since his name is on the mortgage he feels he has rights to get in as he wants to.

I am actually hoping to get the house refinanced by August, as I had to work through some things. But in the mean time, just want to know I'm not stating fallacies. Again, he signed a quit claim, I stated I had 100% responsibility to mortgage, and the property was to remain with me as sole owner on the divorce. No time frame for refinance.

Thank you

 

[Ohiogal]

He never should have signed a quit claim deed. Also, does the mortgage company know the quit claim deed was filed? IS he the primary on the mortgage?

 

[Angelus]

He never should have signed a quit claim deed. Also, does the mortgage company know the quit claim deed was filed? IS he the primary on the mortgage?

Regardless he did. We are both on the mortgage. No I have not actually informed them of that. Is that something I should do?

EDIT: I just looked it up. I am listed as borrower, him as co-borrower.

 

[Ohiogal]

Regardless he did. We are both on the mortgage. No I have not actually informed them of that. Is that something I should do?

If the mortgage company finds out he is not on the deed any longer, they may be able to call the mortgage due in full IMMEDIATELY due to the fact that there was a transfer of the property. You better check your mortgage to see if there is a due on sale/transfer clause. Most if not all mortgages include them. He may be able to have access or at least a key due to the fact that he has obligations towards the mortgage company to prevent waste and protect the collateral.

 

[Angelus]

If the mortgage company finds out he is not on the deed any longer, they may be able to call the mortgage due in full IMMEDIATELY due to the fact that there was a transfer of the property. You better check your mortgage to see if there is a due on sale/transfer clause. Most if not all mortgages include them. He may be able to have access or at least a key due to the fact that he has obligations towards the mortgage company to prevent waste and protect the collateral.

Is it really a transfer if I'm still listed as owner? It isn't like we transferred to a 3rd party? I'm just asking. And I am listed as primary.

 

[Ohiogal]

Is it really a transfer if I'm still listed as owner? It isn't like we transferred to a 3rd party? I'm just asking. And I am listed as primary.

Yes it could be considered a transfer because one of the guarantors of the mortgage is no longer an owner. He is a co-borrower. He has no claim to the collateral if he transferred the deed. So it could be called by the mortgager. Hurry up and get it refinanced.

 

[LdiJ]

What is the name of your state (only U.S. law)? NM

I just recently got divorced. In the divorce it was stated that I would have sole ownership of the marital home. My exhusband signed a quit claim deed and it was filed at the time of the divorce. The divorce is final. The divorce states I would make arrangements to get his name off of the mortgage, but I did not state a time frame, as then I had to state I would sell the property if I couldnt refinance within 6 months (for example). So it states I will refinance but doesn't say when or how long I have.

It does also state I am 100% responsible for the mortgage (which I am)

My issue has been, because we owe back taxes and their are liens, it has taken me longer to refinance, which is why I didn't put a time frame, as I knew there would be issues and it would take me some time. However, I DO intend to do this.

My problem comes in that my ex husband feels he should have rights to access the property, have access to the mail (it has a community mailbox with a key). And he had refused to give me the key to the home, or the mailbox key.

After a huge arguement I changed the locks and he was not to happy to find out about this. Am I legally ok to have changed the locks? Does he have rights to access my home at will? I guess that is all I'm trying to find out. I think at this point we are trying to still be cordial and he is calm regarding his name on the mortgage ( HE KNOWS I WILL PAY IT). And he has even told me he wasn't even worried about it, yet he wants a key to the house, since his name is on the mortgage he feels he has rights to get in as he wants to.

I am actually hoping to get the house refinanced by August, as I had to work through some things. But in the mean time, just want to know I'm not stating fallacies. Again, he signed a quit claim, I stated I had 100% responsibility to mortgage, and the property was to remain with me as sole owner on the divorce. No time frame for refinance.

Thank you

No, he does not have any right to enter your home, at all. You were awarded the home in the divorce. His being on the mortgage does not confer any rights.

 

[Just Blue]

No, he does not have any right to enter your home, at all. You were awarded the home in the divorce. His being on the mortgage does not confer any rights.

You you please provide law/case law to this assertion? Thanks!

 

[LdiJ]

You you please provide law/case law to this assertion? Thanks!

I don't need to on this one..whether he is on the deed or on the mortgage he does not have the right to enter the home any longer. They are divorced and she was awarded the home.

She could possibly have a problem with the mortgage, due to the quit claim deed, but he still does not have the right to enter her home without an invitation.

 

[Ohiogal]

I don't need to on this one..whether he is on the deed or on the mortgage he does not have the right to enter the home any longer. They are divorced and she was awarded the home.

She could possibly have a problem with the mortgage, due to the quit claim deed, but he still does not have the right to enter her home without an invitation.

What about the waste issue that you ignored? he has a responsibility to the bank to make sure the property is NOT being "wasted." Anything to say that I am wrong?

 

[LdiJ]

What about the waste issue that you ignored? he has a responsibility to the bank to make sure the property is NOT being "wasted." Anything to say that I am wrong?

Ok...lets break it down. A landlord, for example, whether he has a mortgage on the property or not, has no right to enter a tenant's home "at will". He has to give proper notice for entry unless there is a true emergency. The landlord actually OWNS the house, the house has not be awarded to someone else.

Are you stating that an ex-spouse's rights are greater than those of a landlord? That an ex spouse would have the right to enter a home "at will" when even a landlord does not have that right?

There is simply too much inherent danger in an ex-spouse being able to enter the home of the other after a divorce, on an at will basis. A court would not make such an order due to the inherent danger.

 

[Angelus]

Thank you all, that answers alot for me.

 

[Ohiogal]

Ok...lets break it down. A landlord, for example, whether he has a mortgage on the property or not, has no right to enter a tenant's home "at will". He has to give proper notice for entry unless there is a true emergency. The landlord actually OWNS the house, the house has not be awarded to someone else.

Are you stating that an ex-spouse's rights are greater than those of a landlord? That an ex spouse would have the right to enter a home "at will" when even a landlord does not have that right?

There is simply too much inherent danger in an ex-spouse being able to enter the home of the other after a divorce, on an at will basis. A court would not make such an order due to the inherent danger.

yet the court has not prevented his legal access. Go figure that. A landlord still has access to the property and a key to the property. So can exhusband due to the fact of what I mentioned. End of story.

 

[LdiJ]

yet the court has not prevented his legal access. Go figure that. A landlord still has access to the property and a key to the property. So can exhusband due to the fact of what I mentioned. End of story.

No, there is a big difference between a landlord and this case. The landlord OWNS the home, this guy does not. It is reckless and irresponsible of you to continue to insist that this poster give her ex husband the ability to access her home at will. You are putting a poster in a potentially dangerous situation just to attempt to score points off me. Stop it, its unworthy of you.

 

[Ohiogal]

No, there is a big difference between a landlord and this case. The landlord OWNS the home, this guy does not. It is reckless and irresponsible of you to continue to insist that this poster give her ex husband the ability to access her home at will. You are putting a poster in a potentially dangerous situation just to attempt to score points off me. Stop it, its unworthy of you.

Believe it or not, the world does NOT revolve around you. I brought up the point of WASTE. No where did I state that this poster has to give her ex husband access at will. You read between the lines for your own purposes. What is reckless and irresponsible of you is playing lawyer when you have no clue about the law. I brought up valid points that the OP needs to consider. She needs to refinance ASAP as she has quite a bit at risk here depending on her mortgage contract which NONE OF US have read. The ex husband has a right, and more importantly a legal contractual obligation, to protect the property from waste. He has legal means and reasons to do so. That is fact.