Technical question on exclusive use of home

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Technical question on exclusive use of home

Postby Txbizman » Thu Jun 14, 2012 7:21 am

MSA done, I get all real property, business everything. She has 50 days to vacate the marital home. The MSA states that during that time she has "exclusive use of the home". She is moved out less a few pieces of furniture and hasn't been staying in the home for over a week but we are not past 50 days.

My temp orders stated (which are now replaced with the MSA) she had "exclusive use of the home and (me) shall be enjoined from entering it"
Both written by the same mediator.


To me it says she has exclusive use but doesn't say I can't go in. Can I ?
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Re: Technical question on exclusive use of home

Postby hoosier_dad » Thu Jun 14, 2012 7:46 am

Txbizman wrote:To me it says she has exclusive use but doesn't say I can't go in. Can I ?


Exclusive use of the marital home by definition bars you from entering. The temp orders added that extra specific language but it isn't required.
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Re: Technical question on exclusive use of home

Postby Trevor » Thu Jun 14, 2012 10:16 am

How do you know she's moved out? Meaning has she told you, or do you see no activity around the place. I don't interpret that as you can't be there until Day 51. Once she leaves, she makes redundant the concept of exclusive use and possession, since she's no longer using the property. But if she wants to be a Hole, she might cause a problem...so it goes to your evidence that she's finished moving out.
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