So, a quick run down of facts before my questions:
- separated last July
- I left the marital home in September after being falsely arrested for spousal assault....never charged, no court order barring me from the home
- we signed an interim custody and access arrangement in December 2010 for 50/50 access and joint custody.
So, custody and access have been settled on an interim basis and I have been contributing my share towards the bills associated to the marital home and daycare costs in lieu of child support until the sale of the home which is now sold and closes to the new owners mid June.
I have been requesting access to the home for months but my ex changed the locks and moved her boyfriend in. I have gone with police once to collect my clothes as she would not voluntarily give them to me.
I closed on a new house today and I am moving in with nothing. My wife refuses to agree to a division of items in the home; no matter how generous I am she refuses anything I propose. I have asked her to counter offer with a list of items she wants and she continues to ignore the issue. My lawyer has asked that I am permitted into the home to take an inventory as I have not been in the home for almost 9 months and can easily forget all that is inside. Her lawyer agreed that I could attend with a witness of her choosing present. The witness has specified what days she is available to attend the home with me but my ex has gone back to ignoring me and never responds when I try to make arrangements. Her lawyer has also started to ignore my lawyer and I.
My concerns are:
- I have been without any items from my home other than clothes for close to 9 months; my new home is empty.
- My ex is clearly trying to drag this on until the home closes to the new owners. I really think she is planning on taking everything with her.
- The police will escort me to the home but the problem is, if she is home she can decide not to answer the door. If she is not home the police will not allow me to break in. The locks were changed so I have no key.
- I firmly believe that she is afraid to let me in because I will see that many items have been removed from the house without my consent.
Some people are telling me to walk away but I put a lot of money into that home less than two years ago. It was a brand new home and I furnished it with brand new items that cost a lot of money. After being drained by the legal system, paying penalties for breaking a mortgage, and having to buy a new home again....I can't afford to start from scratch and I shouldn't have to.
What would you do in this situation?
I am contacting the police this afternoon to see if she can be charged with theft if she removes everything from the home on the date of closing.
Thanks
- separated last July
- I left the marital home in September after being falsely arrested for spousal assault....never charged, no court order barring me from the home
- we signed an interim custody and access arrangement in December 2010 for 50/50 access and joint custody.
So, custody and access have been settled on an interim basis and I have been contributing my share towards the bills associated to the marital home and daycare costs in lieu of child support until the sale of the home which is now sold and closes to the new owners mid June.
I have been requesting access to the home for months but my ex changed the locks and moved her boyfriend in. I have gone with police once to collect my clothes as she would not voluntarily give them to me.
I closed on a new house today and I am moving in with nothing. My wife refuses to agree to a division of items in the home; no matter how generous I am she refuses anything I propose. I have asked her to counter offer with a list of items she wants and she continues to ignore the issue. My lawyer has asked that I am permitted into the home to take an inventory as I have not been in the home for almost 9 months and can easily forget all that is inside. Her lawyer agreed that I could attend with a witness of her choosing present. The witness has specified what days she is available to attend the home with me but my ex has gone back to ignoring me and never responds when I try to make arrangements. Her lawyer has also started to ignore my lawyer and I.
My concerns are:
- I have been without any items from my home other than clothes for close to 9 months; my new home is empty.
- My ex is clearly trying to drag this on until the home closes to the new owners. I really think she is planning on taking everything with her.
- The police will escort me to the home but the problem is, if she is home she can decide not to answer the door. If she is not home the police will not allow me to break in. The locks were changed so I have no key.
- I firmly believe that she is afraid to let me in because I will see that many items have been removed from the house without my consent.
Some people are telling me to walk away but I put a lot of money into that home less than two years ago. It was a brand new home and I furnished it with brand new items that cost a lot of money. After being drained by the legal system, paying penalties for breaking a mortgage, and having to buy a new home again....I can't afford to start from scratch and I shouldn't have to.
What would you do in this situation?
I am contacting the police this afternoon to see if she can be charged with theft if she removes everything from the home on the date of closing.
Thanks
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