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my ex entering home

Discussion in 'Divorce, Separation, Annulment' started by drew4ft, Nov 29, 2009.

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  1. drew4ft

    drew4ft Law Topic Starter New Member

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    My Ex and I bought a home together and a few months later we seperated and she moved out. She have been gone for almost a year now. Her name is still on the mortage and still has a key. Can She enter the home and take "our" belongings while Im not home, or letting me know she is doing so?

    there is no RO but there is a seperation agreement done but not signed or worked out yet on both parts
     
    Last edited: Nov 29, 2009
  2. mightymoose

    mightymoose Moderator

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    Nope.
    Change the locks. If she breaks in the she will commit a crime.
    If she feels she is owed something for the house or anything in it then she can settle it in court, but she has no right to enter your property and take what she wants, or to return and establish residence just because her name is on a piece of paper.
     
  3. BayState

    BayState Moderator

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    Is she on the deed? Is there a RO preventing her from accessing this house?
     
  4. BayState

    BayState Moderator

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    Actually...If her name is on the deed and there isn't an RO, the ex has every right to enter HER house.
     
  5. mightymoose

    mightymoose Moderator

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    She has not been a resident for over a year.
    She has no more right to enter the house then a landlord does.
    She could be arrested for trespass or burglary.
    If she is able to enter the house with her own key then it makes things a little more complicated from a law enforcement perspective. If he changes the locks and she still forces entry, I wouldn't have any problem locking her up over it.
    Like any other separated couple, if she wants to claim any property she needs to settle it in court and let a judge decide who gets what.
     
  6. BayState

    BayState Moderator

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    Doesn't matter if she is a owner in a private dwelling.

    Yes...She does.


    No...She can't be arrested for trespass.

    It is not a criminal matter. It is a civil matter to be handled in Family or Civil Court.

    Really? Please site the statute where a legal owner can be arrested for entering their own property?:confused:

    True. But it still is a civil matter and not criminal. OP needs to either file for divorce (if actually married to ex) or refinance the property and buy out the ex.
     
  7. mightymoose

    mightymoose Moderator

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    I see it this way...
    Man calls police to complain about separated wife taking property from house.
    Police show up, acknowledge the civil dispute over property, and tell her to take a walk since she has established another residence... though they would likely allow her to take anything that the man does not dispute.
    If she refuses then she may be arrested for obstruction/delaying, and if she forced entry maybe some type of criminal trespass or burglary. I couldn't say what statue since its Canada. If the man pushes the issue of her taking property that does not belong to her or for damage from forced entry, then there may be vandalism/theft charges as well.
    That doesn't mean the charges would stick... but it would be in her best interest to avoid such a situation and bring the issue to court first.
    Her name on the mortgage only entitles her to a payout when the house is sold, and a judge decides who gets what property. The house isn't hers to enter and take property any time she wants... not after a year of absence anyway.

    It would be a whole lot simpler with a restraining order filed that compels her to stay away from the property.

    Now... if the question were "can she move back in any time she wants?"... that is a little different since they apparently are still legally married and not legally separated. In that case her intent is not to take property.

    As it is presented here, the woman would be circumventing the court and entering a residence she does not live in to take property. I would be more than happy to arrest her for it if necessary, and let her go explain to a judge why she felt it was okay to come take property from a home she does not live in.
     
  8. jharris352

    jharris352 New Member

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    I tend to side with Moose on this because the wife left the residence. Even though she is an owner she is not a resident. Therefore he has every right to change the locks on his residence and she is actually like a landlord.

    HOWEVER, What on earth are you doing in this limbo? File the divorce already, you will get a standing order that will deny either of your from wasting or stealing assets. HEllo?
     
  9. BayState

    BayState Moderator

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    Please...How is this a criminal matter? This is a civil matter. Period. Even if this was a LL/tenant situation it would be CIVIL.
     
  10. jharris352

    jharris352 New Member

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    Bay, I'm not sure what you are thinking but going into someone else's residence and removing items is theft. You don't get to go into a tenant's property and remove items just because you own the building EVEN if you think they are yours. I am not going to go too far into that position, but it certainly could be a criminal matter. Landlords and NON-resident OWNERS have no business entering a residence and taking ANYTHING out of it. That can easily be a criminal matter.
     
  11. mightymoose

    mightymoose Moderator

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    Yes- this is all a civil matter that is best handled by a civil court, divorce proceedings, restraining orders.. whatever.

    However, if the woman does not utilize the civil options available to her and comes to help herself to property inside a home in which she does not live, she is stealing. Until a judge says that the items are hers to take, they stay right where they are.

    It seems she moved out a year ago and took non-disputed items at the time. That was it. Adios. Her name on a mortgage does not give her free access to the house and all property within. It only entitles her to her fair share of the house payments and the value of the house when sold.

    Personally, I would change the locks if she had a key and would serve her with a restraining order if she was making me worry she was going to come clean me out while I was at work. That way she would have to force entry and violate a court order to get the property.
     

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