Just remembered, asked my lawyer about my legal right re: H coming to the house when he wants to.
This is what she said....
In theory, you cannot exclude him from the house unless you have a court order that you have exclusive possession of the family residence; in practice, you can tell him that you don't want him to come to the house unless you are there, that it is not good enough that your child invites him in (if that is the case), that you would not think about going into his apartment.
It is still an asset over which he has a 1/2 interest but it is no longer his home. If you were to call the police about it, they would likely escort him out but also tell you they are not coming back for this issue, that you should speak to your lawyer as this is a civil matter. And I would have to commence court proceedings for an order for exclusive possession.
If you just change the locks, your D may just let him in anyway, or he will ask you D to come in and it puts her in the middle which is stressful for her.
...maybe it will be helpful to someone else.
M53 H54 D17 M33Y T38Y Bomb OW 09/09 OUT 10/09 BACK 11/09 OUT 01/10 WANTS TO R 04/10 BACK with OW 05/10 Wants to Reconcile 05/11 I said NO
