Rydal, GA Divorce Law Firms & Lawyers

Based on your narrative, I am confused regarding the child. ("we both have custodial rights. the child is not a product of the marriage") Are you both biological parents of the child, or just one of you? Regarding access to the rented home, he may legally re-enter the home without your knowledge or permission - just as you could do. Your rights to occupancy are equivalent. The solution is to obtain a court order granting you exclusive right to occupy and prohibiting his entry. Such temporary restraining orders are commonly issued when one party files an action for divorce in order to keep the peace and prevent confrontations. The right of access to the child can be addressed by the court as well.

The complete answer will depend partly on the specific terms of the divorce decree or separation agreement and the state law of the state where the decree was entered. The likely final answer is that the deceased wife's trust is the legal owner of the property, but the husband may have a legitimate claim for some equitable relief from the trust or the decedent's probate estate. Husband should consult an attorney to evaluate the specific facts and determine what viable options are available.

The Judge can change it if a modification action is filed.  If the divorce is still ongoing, the Judge can do it at most any time a review is requested.