Legal Question in Family Law in New Mexico

My ex husband and I still own a home together in which I reside in with our daughter. It is on the market, but until it sells, does he have the right to come and go when he pleases? He works 100 miles away and lives on the campus there, but comes home on the weekends. He verbally abuses me and does nothing with our child either...I want to know if there is a way I can prevent him from entering the home until it sells. He does pay the mortgage and utilities as his child support until the house sells, because the law states he does not need to pay child support if he is paying the mortgage....that is supporting his child...please help!!


Asked on 8/09/10, 8:09 am

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Your ex-husband does not have the right to enter into the home - unless he is invited in. If you were paying the mortgage and he was paying you child support he still would not have the right to just walk in - so the circumstance you describe does not give him any rights. You can file an order to show cause with the court to have the judge tell him the same thing. This web site has a section where you can buy forms; the first, second and thirteenth judicial district court websites in NM have similar forms that do not cost anything. You just have to fill them out and get them to the court. You should have a self help center at your courthouse. If you do not then look at going over and buying a 1/2 hour or one hour of time from an attorney to review your paperwork for you. It will be money well spent.

Good Luck

Law Guru

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Answered on 8/18/10, 5:58 pm


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