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Does a divorced co-borrower, not presently living at the property, have the right to entrance into and residence in, said property

by Rmann4nsa973 from , California. Apr 5th 2017 Reply


Antonio Ramos (casagrande)
#360 ranked lender in California - 6 contributions

This is a question for your divorce attorney

Apr 5th 2017
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Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 3,477 contributions

This is for mortgage questions... I'd also suggest talking to an attorney.

Apr 5th 2017
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William J Acres (William_Acres)
#1 ranked lender in Arizona - 7,862 contributions

Much more info is needed, but as others have said, contact your attorney.. but speaking not specifically about your scenario, but in general.. If a divorce decree designates who gets the property in the divorce, and that recipient lives in the property as their primary residence and the other borrower has moved out.. then the answer for most states is "No".. they do not have a right to enter the property.. nor can they live in the property without your permission.. I have a similar scenario.. I received my home in the divorce, I recorded the new deed in my name only. There is a mortgage that's in both of our names. My ex tried to tell me she was coming to town and was going to stay in "My" home for 2 to 3 weeks.. I said absolutely not.. my attorney and the local police also said she has no right to enter.. that's here in AZ, so your scenario might be different and the laws in CA might be different as well, which is why you should call your divorce attorney or the local "non-emergency" policy phone number and ask for their input. I'm a preferred Lender with Arizona and California being my primary markets. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com NMLS# 226347 / RPM Mortgage NMLS 1541014 / AZMB0121893

Apr 5th 2017
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Larry Gray (lgray_312_247)
#564 ranked lender in California - 1,127 contributions

You ma

Apr 9th 2017
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Larry Gray (lgray_312_247)
#564 ranked lender in California - 1,127 contributions

You may have assumed from the comments and your research thus far, most likely you do not have the right to entrance onto the property that seems to be the full ownership of the other borrower. Your divorce attorney should know for certain, but generally the owner in California, particularly if awarded full ownership of the residence, would have say over whether you could come onto the property or not.

Apr 9th 2017
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