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Q:  What is the determination concerning what rights do each of us have as far as allowing others (her 22 year old son) to live in our house? Thank you. We divorced but own a house together. She has allowed her 22 yr old son to move back in.

Answer

This is something that should have been spelled out clear in your divorce judgment. There should be a provision in either your marital settlement agreement or stipulated judgment that lays out what the rights are regarding the house. The house is owned by both of you, so she must have been given exclusive use of the home. I would check your judgment and see if there are any provisions in there restricting who else could live there. If the judgment reserved jurisdiction over the house to make further orders, then you can file a motion asking for specific orders that the son not be allowed to reside in the house. You would need to have evidence to support why he shouldn’t be able to live in the house.

Posted in: Divorce, Family Law, Property Division

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