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JS Owner · Nov 15, 2007, 11:10 PM

I have a DC divorce court judgment finding that my now ex-spouse has no legal, equitable or possessory right to occupy my pre-marital purchased house. Of course, she's never had a lease or her name on any title doc. Can I lock her out? Do I have to do an eviction proceeding and if so how?
Thanks!

charlotte234s · Nov 15, 2007, 11:42 PM

If she doesn't own the house or any part of it, then yes, but if she has not moved out, tell her she needs to remove HER things and leave in a few days (to be kind) and go somewhere else or you will change the locks and leave her things out for her or place them in storage. Technically she doesn't have a right to be there, so you can just lock her out, but you can't keep her things if they are still there, and it would be kind to give her a little time to move.

I'm not a lawyer, but I believe I am correct. If you are very concerned, just call your lawyer and ask.

excon · Nov 16, 2007, 06:45 AM

Hello JS:

Legally, you may/probably have the right to lock her out. However, from a PRACTICAL standpoint, I'll bet you can't. Because IF you did lock her out and she called the cops, I'll bet the cops will make you let her back in, and tell you that you need to evict her.

I know, I know, cops suck, and they don't know the law... But they have guns...

excon

charlotte234s · Nov 16, 2007, 12:52 PM

You must spread some Reputation around before giving it to excon again.

LOL, what you said is true, but I can't give good rep again right now.

ScottGem · Nov 16, 2007, 01:03 PM

I'd like a little more clarification here. If I follow you, you bought the house prior to the marriage. You then lived there as husband and wife. You then got divorced and part of the divorce decree was that she has no interest in the house. Is that right so far?

Now what you haven't told us is when the divorce was final? Is she currently living in the house? Are you living in that house? That all has a bearing on the answers.

giJ · Nov 18, 2007, 07:22 AM

I can't speak to the specifics of this case (where there was a marital relationship involved), but I can tell you this: when I first started looking into buying houses at foreclosure auctions in the DC area, I paid the money for 1 hour of an attorney's time to find out specific details.

He indicated that he would stay FAR from DC auctions because, even though you own the house after the auction and the previous owner has no rights to the house, that person would still have to be evicted, a process which, in DC, can take up to a year.

Be VERY careful about taking the "change the locks" advice.

JudyKayTee · Nov 18, 2007, 01:07 PM

Originally Posted by JS Owner

I have a DC divorce court judgment finding that my now ex-spouse has no legal, equitable or possessory right to occupy my pre-marital purchased house. Of course, she's never had a lease or her name on any title doc. Can I lock her out? Do I have to do an eviction proceeding and if so how?
Thanks!

Talk to your divorce Attorney - if the pre-marital property had not been addressed you would have to begin eviction proceedings; the property was addressed and her tenancy should have also been addressed.

And, no, at least in NYS you cannot lock her out - you have to evict her. Again, you have paid for an Attorney, all issues were not addressed, the Attorney should advise you.

I am aware of a clause written into some NYS Judgments of Divorce that if the ex-spouse attempts to enter the house and/or property after X number of days it is criminal trespass.