Search our site
divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

ADVERTISING PARTNERS


Answers
You can search for Answers by tag here:

Invite Others
Invite friends and family to join you on d360! - Click here
where do I start
Our checklists are a great place to start. Or, get a quick review of your state's divorce laws with our Legal Cheat Sheet.
  Posted to group - Legal Answers    <<Previous    Next>>

Can I still go to my residence?

I am currently going through the divorce process and we have finally reached an agreement I am not happy with. I came into the marriage with a household full of furniture, etc. When I told my husband I wanted the divorce he kicked me out of our house, of which I am primary on the mortgage, let me take one suitcase and garbage bag of clothes then immediately changed the locks. He has refused to return any of my pre-marital property stating "it is no longer there" or "he can't find it". The divorce is not final and there has been no restraining orders or court orders saying I had to go. Can I still legally gain entry to my house to retrieve items? Can I get police to escort me? Does anyone have advice?

by concon   2 Posts 
Posted on 11/20/2008 3:42 AM
Get AlertsGet Alerts!
Sent to Friendsend to friend
Minnesota legal questions on divorce360.com
0

Tags:


Answers for "Can I still go to my residence?"  (6) (You must be logged in to answer)




AMG - if they called your stbx, then that means he lied to them and said there was a court order where he had exclusive use and instead of checking for proof, they took his word...

no, there is no recourse against the police....BUT

take your ex to civil court and sue him the claims judge may have more sympathy for you than a family court would.
by spaznskitz   4950 Posts
Posted on 11/20/2008 9:02 PM
0





Same thing happened to me.  I called the police to stand by they called the STBX.  I was told to leave or be arrested.  I was not allowed in the house.  Since then he has removed ALL of my premartital assests(picture albums, furniture, clothes) from the home.  My attorney and the mediator said I have no recourse since he destroyed the receipts and pictures that proved I owned the items prior to the marriage.  So good luck.  I lost everything even the pictures of our kids births and their ultrasound pictures. 

Spaz do I have any recourse because of the police departments actions?  This is a civil matter, they should not have forced me to leave.  There was no arguement or disturbance.  The STBX wasn't even home.  I called a locksmith to get in so the lock wouldn't have been harmed.  When the police arrived they ordered me off of the property w/o even asking who I was or looking at my ID.  I lived there witht my husband for 4 years, got mail/phone there.  I can't understand how they could say leave NOW or be arrested for criminal tresspass.  It was my and our kids residence.    Because of them my husband refused to let me in to get my possessions and then he destroyed everything I owned.  Now I have to start over with a jobless STBX(no child support) and will have to replace everything when the kids and I move out of my parents basement. 
Any advice Spaz?  He told the courts everything of mine is gone and they told me there is nothing I can do but replace it on my own.  How can this be legal???
by Amgm   14 Posts
Posted on 11/20/2008 8:51 PM
0





The police will escort you to keep the peace.  Call them and have them meet you there.  You have every right to go right back into that house, including breaking in the door if he is not there (you would have to resecure it however before you left), and taking what you would like.  Do not take the point of "taking what you would like" to the utmost extreme to mean take everything including what is his.  Be reasonable (even though he is not) and it will help later on. 

However, make sure the police are there before you attempt this.  Do not keep in the back of your head that they are coming and go on in.  That is asking for trouble.  I would wait down the street for them if they aren't there yet, then travel in with them.

Now that I look at the posts below, Spaz pretty much said the same.  Hopefully now that it has been said twice you will definitely believe it.
by buggaboo   349 Posts
Posted on 11/20/2008 8:40 PM
0





Go to the police station, let them know what is going on, have them escort you and yes, feel free to break into your own home.

 

and this timeif he tries to get you to leave - you call the cops.

by spaznskitz   4950 Posts
Posted on 11/20/2008 2:02 PM
0





Since the divorce is not finalized, he has no right to change the locks and not allow you to get your things.  It is still considered marital propery and you have every bit of right to be there as he does.  If you hired a lawyer, I would talk to him/her or call the police to see what you can legally do to gain entry to your house.
by firefly   105 Posts
Posted on 11/20/2008 8:58 AM
0





From what I understand, he did not have a right to kick you out of the house and change the locks while you were still married, unless you were court ordered to leave or something.

Has the divorce been finalized? If so, all of this should have been addressed in your paperwork.
by sheilah   164 Posts
Posted on 11/20/2008 1:04 AM
0







Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.

 
divorce Community::
popular blogs
Only A Text Message For Christmas
With no answers to her calls, my daughter waited to see if her father would...read more 

Loss, By Death Or Divorce
Sometimes I feel as though I have wasted way too much time reflecting on what...read more 

Hear My kids voice after 1 1/2 years of Silence.
How I got to hear from my kids for the first time in 1 ½ years After I left...read more 

get/give answers
the big joke law? and liberty and justice for all ? another good one
lets see lost about everthing i owned and the court are still asking