Property Invasion, Damages, Trespass trespass

[leoslayer]

My ex had me trespassed from the marital property. I was not arrested the police just told me not to go on the property again. There was no court date.

She has now moved out of the house and I am the only one on the mortgage although we are both on the deed. She has stated in writing that she will no longer pay the mortgage and to bring on the foreclosure. She has stated in writing that she is not responsible for the house.

My question is how can I be still trespassed if she has abandoned the property and i still legally own it? How can I get the trespass situation lifted or reversed as I might move back in the house.

I guess this falls under domestic criminal trespass but there is no other party within the city limits.

 

[army judge]

In what state is the home?
Did you ever see an order of trespass from a court?

What did the police deliver to you, regarding the trespass warning?

Did the divorce decree speak about the home?

Do you have an attorney?

 

[leoslayer]

no i cant afford an attorney. the home is in raleigh nc. in nc all you have to do is tell the police you dont want somebody on your property they will then tell you you have been trespassed. the complainant fills out a form and thats it. no fine fees court or arrest unless you go back. the sep agreement says we are going to sell the hse and split the money.
she was so desperate to move because she did not like the school she took a lease for more than the house payment in an affluent suburb. she said she is not going to help with the mort even though it is going to require all my income each mth to pay it. she makes 3 times as much as me. she has stated in writing bring on the foreclosure. she is not on the mort but is on the deed and she has stated in writing that she is not responsible for the house

 

[army judge]

Look at it this way, you'll pay in the end, either way. You'll get stuck with the residual after the foreclosure, followed by a possible wage garnishment. Or, you'll pay an attorney to help you salvage your home, and get that useless
she-witch off your deed. Thereby, avoiding a potential wage attachment. It couldn't hurt to talk to a couple of attorneys about a legal strategy and options. The initial consults are free.

 

[leoslayer]

i plan on saving the house either by renting or selling or moving in and getting roomates. i just want to know how she can still have me trespassed if she is not there anymore and i still own the property.
she cant claim fear of harm if i am on the property if she resides 30 mins away. how can i fix this. what should i file?

 

[army judge]

i plan on saving the house either by renting or selling or moving in and getting roomates. i just want to know how she can still have me trespassed if she is not there anymore and i still own the property.
she cant claim fear of harm if i am on the property if she resides 30 mins away. how can i fix this. what should i file?

I can't help you properly.
I don't know all the facts.
You could speak with the local prosecutor's office or district attorney.
They could advise you.
My inclination is she's gone, and the trespass order is no longer operable.
You would be best served to speak with the prosecutor or DA.
The police might even be of assistance.
The order protects the person, not necessarily the property.
Try contacting those I suggested.
I'm thinking you won't have to file anything, as no court order was ever issued.
But, contact the agencies I suggested.
Start with the police agency that banned you.

 

[leoslayer]

called the da they said they cant give legal advice. called the magistrates office they said the same thing. thanks for your help

 

[mightymoose]

called the da they said they cant give legal advice. called the magistrates office they said the same thing. thanks for your help

District Attorney and magistrates are not who you should be talking with... you should be consulting with private attorneys.

As for your trespass issue, if she is gone, there is nothing stopping you from returning to the house. It is your house, and the trespass issue was shaky to begin with... likely a police officer's temporary solution to a domestic argument at the time. You have likely been able to go back at any time. If it is empty, move back in. At this point you could even prevent her from moving back since she has cleared out.