My wife and I are divorcing and she left the house we were renting 10 months ago, does she now have a right to come back to my house and do a walk-through?

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My wife and I are divorcing and she left the house we were renting 10 months ago, does she now have a right to come back to my house and do a walk-through?

As of 3 months ago, I entered into a new lease with a friend of mine from work. Our divorce is final next week but she still has stuff in the house that I am willing to give back to her but she wants to walk through and see what else she wants. She is threatening to bring a sheriff to my house if I do not let her in. Is this legal?

Asked on October 21, 2012 under Family Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the lease that you and your spouse entered into is over and a new lease is in effect where she is not obligated under it, she does not have a legal right  to simply come into the unit for an inspection.

However, if there are items that you are willing that she take, I see nothing wrong with allowing her in under the supervision of a third party to discuss what she desires to be given her per the dissolution proceeding.


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