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  #1 (permalink)  
Old 10-19-2013, 10:29 PM
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Default She keeps swiping marital property when I am not there

Hi all....

So, after calling my friends and family about my successful motion and telling you guys I go upstairs and see that while her and I were in court, she had members of her family come into the house and take stuff.

Best of all I go into the bathroom and there's a big turd floating in the toilet. Didn't know to laugh or cry. I was afraid to check the bed ! LOL.

Anyway... what the heck can I do about this, not the floater.... but her and her family coming into the house when they know I am not there.


As always thanks.

Last edited by plainNamedDad44; 10-19-2013 at 10:34 PM. Reason: grammar
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Old 10-19-2013, 10:53 PM
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Originally Posted by plainNamedDad44 View Post
Hi all....

So, after calling my friends and family about my successful motion and telling you guys I go upstairs and see that while her and I were in court, she had members of her family come into the house and take stuff.

Best of all I go into the bathroom and there's a big turd floating in the toilet. Didn't know to laugh or cry. I was afraid to check the bed ! LOL.

Anyway... what the heck can I do about this, not the floater.... but her and her family coming into the house when they know I am not there.


As always thanks.
She doesn't live there anymore, right? Get exclusive possession of the home and change the locks.
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Old 10-20-2013, 01:48 AM
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possession aside, my case, I was forced out - wrongfully or not - but the first thing I did was relinquish my house key (no I did not copy it!!) Just not worth the risk and the trouble I could get in with all the lies going on. If I understand property, your only recourse is to include the garage sale values of the pieces in her net property. I do not even think the court would order and enforce the return of stuff - no matter what it was. Again get something to determine reasonable values.....
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Old 10-20-2013, 02:26 AM
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video tape everything
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Old 10-20-2013, 10:10 AM
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Change the locks.
She has a new residence now.
I wouldn't even bother with trying to obtain exclusive possession, I'd just do it.
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Old 10-20-2013, 10:25 AM
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yes do change the locks. You might consider sending a brief note to your ex indicating the locks are now changed and that if she thinks she has left personal property at your home, in the future she write to you and you will ensure her property is set aside and given to her (or something to that effect). This is a reasonable and calm way to proceed. If you continue to be stressed out about this then simply go down to your local police station and have a chat with them. They will probably tell you that they can't go and arrest someone unless you actually see someone absconding with your belongings. It would be helpful to find out how the police think you should proceed.
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Old 10-20-2013, 10:37 AM
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yes do change the locks. You might consider sending a brief note to your ex indicating the locks are now changed and that if she thinks she has left personal property at your home, in the future she write to you and you will ensure her property is set aside and given to her (or something to that effect). This is a reasonable and calm way to proceed. If you continue to be stressed out about this then simply go down to your local police station and have a chat with them. They will probably tell you that they can't go and arrest someone unless you actually see someone absconding with your belongings. It would be helpful to find out how the police think you should proceed.
police will probably say its a marital issue and not get involved. Probably suggest that he talk to his lawyer.
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Old 10-20-2013, 11:37 AM
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My situation was that the ex had about a dozen friends and three trucks remove her property along with matrimonial assets, furniture, appliances and electronics when I was not home. I had returned to a half empty, unarmed (alarm off) home with the patio door wide open. Waited for the police to arrive and I had not entered the home due to firearms that were in the household and there was no way to prove the security of the home, between the time the ex left and the time that I had arrived. Went in with the officers and we went through the house checking the lockers etc. and on the way out they said to change the locks in the morning.

I would document the joint assets taken and the ones that remain along with securing the home to yourself to also protect your property obtained after separation. If there is of any value of the material taken, you do not want her to deny taking this and to have all of it put on you during the settlement. If she wants to re-enter the home and if you do not have exclusive possession, you can not deny her access even if you change the locks. My ex denied removing property, despite numerous witnesses and a police report. She also tried to claim that I had kicked her out and changed the locks denying her shelter during the separation. So deal with it accordingly and document it!

Last edited by SRT; 10-20-2013 at 12:12 PM. Reason: improper quote
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Old 10-20-2013, 12:00 PM
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I am having deja vu,

One day we came home to the same scene: more than half of the house content is taken (no floaters though) by the other party, including toilet paper, no notification prior to it, just took what they wanted and moved in with the new partner.

We called our lawyer at the time who advised us to take all we could/need and leave the house which we did.

A week later the other party comes home and gets a shock of their life: the house is empty! WOW! Until now I am guessing what did they expect, another set of Italian bedroom, another leather couch, another set of kids furniture, etc, etc, etc? The party then complains to the lawyer. Nothing happens. The house content is divided. (Will be discussed in court though).

Oh and we've been advised (write or wrong) that we cannot change the lock because the other party is on the title of the house.
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Old 10-20-2013, 12:12 PM
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Oh and we've been advised (write or wrong) that we cannot change the lock because the other party is on the title of the house.
Having ownership to both parties you can change the locks, but there is nothing to say that they can not break into their own home. Exclusive ownership is the best solution.
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