Does my ex-wife still have the right to occupy the home according to our divorce decree?
Here’s the full section:
“The real property, house, and any outbuildings commonly known as [Address] shall be listed for sale on June 1, 2025. The net proceeds of the sale shall be split evenly between the parties. Pending June 1, 2025, the petitioner shall have sole use and occupancy of the property, and she shall be responsible for the monthly mortgage payments and utilities. If any repairs are needed to the house or its appliances, the parties shall be equally responsible for the cost. If there are any issues related to this property, they shall be resolved in mediation with attorney [Name] and his costs will be split evenly. The respondent must remove his vehicle and the rest of his belongings from the property by November 31, 2023.”
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The divorce decree gave your ex-wife the exclusive right to live in the home until June 1, 2025—but only until then. The phrase “sole use and occupancy” clearly sets that as a deadline.
After June 1, the home must be listed for sale, which means her exclusive right to live there ends. At that point, the house becomes a joint asset to be sold, not her residence.
Although the decree doesn’t spell out an exact move-out date, it’s implied that her right to live there alone ends once it’s placed on the market.
If she stays beyond that date, it would only make sense if she’s cooperating with the sale process. Otherwise, her continued occupancy could be seen as interfering with the court’s order.
If there’s disagreement about her staying or anything else related to the property, the decree directs both parties to mediation with attorney [Name]. That’s the defined process for resolving issues, including refusal to leave or blocking the sale.
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This is part of a divorce decree, and I want to know if after June 1st my ex-wife still has the right to occupy the home.
Lexi, Chatbot
I understand this must be a concerning situation for you. Has there been any specific language in the divorce decree regarding your ex-wife’s right to occupy the home after June 1st?
"The real property, house, and any outbuildings commonly known as [Address] shall be listed for sale on June 1, 2025. The net proceeds of the sale shall be split evenly between the parties. Pending June 1, 2025—"
Lexi, Chatbot
Are there any changes in circumstances or agreements since the divorce decree was finalized that may impact your ex-wife’s right to occupy the home?
No.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your ex-wife’s right to occupy the home.
No.
Jon
Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
Is there more to the clause you provided above?
Here’s the full section:
“The real property, house, and any outbuildings commonly known as [Address] shall be listed for sale on June 1, 2025. The net proceeds of the sale shall be split evenly between the parties. Pending June 1, 2025, the petitioner shall have sole use and occupancy of the property, and she shall be responsible for the monthly mortgage payments and utilities. If any repairs are needed to the house or its appliances, the parties shall be equally responsible for the cost. If there are any issues related to this property, they shall be resolved in mediation with attorney [Name] and his costs will be split evenly. The respondent must remove his vehicle and the rest of his belongings from the property by November 31, 2023.”
Jon
The divorce decree gave your ex-wife the exclusive right to live in the home until June 1, 2025—but only until then. The phrase “sole use and occupancy” clearly sets that as a deadline.
After June 1, the home must be listed for sale, which means her exclusive right to live there ends. At that point, the house becomes a joint asset to be sold, not her residence.
Although the decree doesn’t spell out an exact move-out date, it’s implied that her right to live there alone ends once it’s placed on the market.
If she stays beyond that date, it would only make sense if she’s cooperating with the sale process. Otherwise, her continued occupancy could be seen as interfering with the court’s order.
If there’s disagreement about her staying or anything else related to the property, the decree directs both parties to mediation with attorney [Name]. That’s the defined process for resolving issues, including refusal to leave or blocking the sale.
“Maintain full control”—I’m confused. What would she have full control of, or what did she have full control of?
Jon
You’re asking about “sole use and occupancy.” That means she had exclusive control over living in and managing the home until June 1, 2025. She alone could live there, handle the upkeep, and was responsible for the mortgage and utilities.
It didn’t give her control over the property’s ownership or sale—those were still shared responsibilities under the decree. Her exclusive right to live there ended June 1, 2025.
For instance, if there’s a situation where I need to go to the home for repairs, is that not allowed even with proper notice?
Jon
Good question. The decree says:
“If any repairs are needed to the house or its appliances, the parties shall be equally responsible for the cost.”
That clause isn’t limited by the “pending June 1, 2025” language. It’s an ongoing obligation as co-owners.
So yes, you likely can go to the home for repairs—with proper notice. You have a right to ensure repairs are done properly and cost-effectively since you share financial responsibility.
She didn’t agree to mediation last time.
Jon
If your ex-wife was already held in contempt for refusing mediation and the decree still requires it, refusing again could bring serious consequences.
You can file another Motion for Contempt, and the court may impose harsher penalties—fines, attorney’s fees, or even direct orders for mediation or sale of the property. Keep records of all her refusals.
Ok, thank you for your help with this problem.
Jon
Very welcome, glad I was able to help!
Jon
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