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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1 (permalink)  
Old 01-12-2006, 05:02 PM
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Default A question of residence

This is confusing but here goes,

My ex left on July 21, declaired bankruptcy on Aug 10 where she put down her address as her parents home and not as the matrimonial home, on Aug 11 my ex sent her father and 2 friends into my home to empty it out. Informed me on Aug 12 of separation.

If she claimed her residence as her parents home on legal documents, did she have a legal right to send her agents into my home the following day?

Could that be considered break and enter?

Confused always

Duped
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Old 01-12-2006, 06:30 PM
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No, it would still be considered the matrimonial home. This would only work it you have exclusive possession of the home, by mutual consent or court order.

As far as her taking everything, it is a sad story and completely unfair. If you fight for your possessions back, through lawyers and court proceedings you may find that the legal costs out way the content value.
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Old 01-12-2006, 07:40 PM
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Default Confused still

Does her moving away, and signing over her share of the equity in the property not give me exclusive posession of the matrimonial home automatically.

Thanks Duped
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Old 01-12-2006, 10:42 PM
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Default Oh My God...

Quote:
Originally Posted by Grace
No, it would still be considered the matrimonial home. This would only work it you have exclusive possession of the home, by mutual consent or court order.

As far as her taking everything, it is a sad story and completely unfair. If you fight for your possessions back, through lawyers and court proceedings you may find that the legal costs out way the content value.
If this is true she could just walk right in and clean me out again. How can this be legal.

Duped Again
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Old 01-12-2006, 10:49 PM
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When I posted that message I did not realize that she had signed over her share in the home. If this is the case than the home is legally yours and she has no rights to come back.
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Old 01-12-2006, 11:24 PM
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Default Clarification..

Thank you

OK, so if she signed over her interest in the home onm the 10th of august, from that point on, she has no right to enter the property. Is that right?

Anxiously awaiting

Duped
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Old 01-12-2006, 11:36 PM
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Duped,

I am not a lawyer, just a member going through an acrimonious divorce. But yes, from what I know from the legal system, if she signed over her interest in the matrimonial home on August 10th, then from that date the house is exclusively yours. Do you have documentation of this?
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Old 01-12-2006, 11:48 PM
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Talking I think I do

I have the bankruptcy papers that she signed on the 10th day of august 2005 at the court. Also on these documents is her address listed as her parents home.

Is that proof enought do ya think?

Thank you again

You can't see it but my ears went up and my teeth are showing, been so long I forgot what they call that!

Duped
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Old 01-13-2006, 08:57 AM
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Default Proof in da pudding

Duped ,

Can you also prove beyond a doubt that they entered Aug 12, after the Aug 10 papers state you had exclusive rights to the home? Any witnesses or documentation to prove this?

If so, I sense you may be able to get them for break and enter and theft to some degree. If you can prove it, like any break and enter, you call the police to file a report ... as well, seek legal counsel as for any other options available to you.

My spouse and I used to tape 'The Young and the Restless' everyday on our vcr (yeah, I go back that far ladies) and we could not wait to get home to watch that days episode ... keep us posted, cause this thing is turning into a soap opera!

Hubby
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Old 01-13-2006, 12:22 PM
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Default I have a statement..

on Aug 11th my neighbour spoke with the 3 men who were emptying my house and they lied to her about what was going on, she wrote me a statement like from an accident scene.

Is that proof of them being there?

Duped
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