She keeps swiping marital property when I am not there

I was not on the title of our matrimonial home. I moved out leaving everything but some personal belongings. I did take pictures of everything I took and everything that was left behind. Later when arrangements were made for me to return and get items the house was virtually empty as ex had moved in with a gf and taken everything. I took pictures of the house and contents at that time because it was all in very rough shape. I took a few items in my car. Ex got hostile that I did not take away the trash. I showed my lawyer all these pictures and he did not nothing. I left my marriage with personal belongings, that is it, and the law did not help.
 
smileandwalkaway said:
I was not on the title of our matrimonial home. I moved out leaving everything but some personal belongings. I did take pictures of everything I took and everything that was left behind. Later when arrangements were made for me to return and get items the house was virtually empty as ex had moved in with a gf and taken everything. I took pictures of the house and contents at that time because it was all in very rough shape. I took a few items in my car. Ex got hostile that I did not take away the trash. I showed my lawyer all these pictures and he did not nothing. I left my marriage with personal belongings, that is it, and the law did not help.
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Sorry to hear.
 
Thanks. Just add this one example to the list of examples where the system has failed... Kinda gives you a feeling if why I hold little faith in systems. The theory is good but reality does not necessarily match-up.

But seriously, it's no big deal in the big picture of life. It is just "stuff".
 
plainNamedDad44 said:
Report him to LSUC. LSUC has now confirmed they are proceeding with investigating my jackass lawyer, who I also had assessed and managed to cut his bill in half
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We are no longer with this lawyer. So don't want to bother. You can't have two or three wars or else it will consume you completely. We discharged him after one month. He screwed up thing after thing after thing. So one month was more than enough and so no much to report to LSUC.
 
I am now contemplating a motion for an iterim order requiring her to provide advance notice of her entry of the marital home as well as the purpose of her entry. This motion would be based on her previous behavior of coming into the home and removing items.

Is this reasonable ? Is her previous behavior sufficient grounds to seek such an order ? Would a judge baulk at this ?

As usual, thanks.
 
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You base your motion this way:

You are seeking an order for exclusive possession of the home;

You are seeking a restraining order limiting the other party to supervised access of the home if legitmate reasons are provided, during regular business hours with 24 hours notice;

You have been living exclusively in the home for xxx months;

The other party moved out of the home on (date);

The other party has had a permanent residence at (address) since (date);

The other party retrieved their personal possessions on (date) and to your knowledge there are no other personal possessions belong to the other party on the premises; (NOTE: if there are, pack these in boxes and store them in a secure location on the premises, such as in the garage; this would mean the other party no longer has legitmate reason to search the house.)

If such possessions were on the premises you would be happy to provide access at a preassigned date and time;

The other party has been accessing the premises on random dates and times, record attached;

You feel that the other party is repeatedly accessing the property for no legitimate reason, and is acting out of reasons of hostility and harassment; (NOTE: Your "feelings" of harrassment are a legitimate, legal reason for a restraining order)

You are entitled to privacy and security of your belongings the same as any other tenant, homeowner, or resident of a property;

You have concerns that the other party may invade your home after hours or when you are sleeping, or may seek access without warning at any time;

You therefore feel unsafe in your own home; (NOTE: This is a legitimate statement of fact, and an important part of your application.)

You are willing to allow the other party reasonable access for legitmate reasons with 24 hours notice, during regular business hours (or other times you prefer.) (NOTE: I would suggest you require the presence of a reliable 3rd party at these times, such as a trusted neighbour. The neighbour could be provided with a key. This of course requires the agreement of the neighbour. Include this if possible in your motion application.)
 
Mess said:
You base your motion this way:

You are seeking an order for exclusive possession of the home;

You are seeking a restraining order limiting the other party to supervised access of the home if legitmate reasons are provided, during regular business hours with 24 hours notice;

You have been living exclusively in the home for xxx months;

The other party moved out of the home on (date);

The other party has had a permanent residence at (address) since (date);

The other party retrieved their personal possessions on (date) and to your knowledge there are no other personal possessions belong to the other party on the premises; (NOTE: if there are, pack these in boxes and store them in a secure location on the premises, such as in the garage; this would mean the other party no longer has legitmate reason to search the house.)

If such possessions were on the premises you would be happy to provide access at a preassigned date and time;

The other party has been accessing the premises on random dates and times, record attached;

You feel that the other party is repeatedly accessing the property for no legitimate reason, and is acting out of reasons of hostility and harassment; (NOTE: Your "feelings" of harrassment are a legitimate, legal reason for a restraining order)

You are entitled to privacy and security of your belongings the same as any other tenant, homeowner, or resident of a property;

You have concerns that the other party may invade your home after hours or when you are sleeping, or may seek access without warning at any time;

You therefore feel unsafe in your own home; (NOTE: This is a legitimate statement of fact, and an important part of your application.)

You are willing to allow the other party reasonable access for legitmate reasons with 24 hours notice, during regular business hours (or other times you prefer.) (NOTE: I would suggest you require the presence of a reliable 3rd party at these times, such as a trusted neighbour. The neighbour could be provided with a key. This of course requires the agreement of the neighbour. Include this if possible in your motion application.)
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Most excellent. Again, thank you.
 
plainNamedDad44 said:
I am now contemplating a motion for an iterim order requiring her to provide advance notice of her entry of the marital home as well as the purpose of her entry. This motion would be based on her previous behavior of coming into the home and removing items.

Is this reasonable ? Is her previous behavior sufficient grounds to seek such an order ? Would a judge baulk at this ?

As usual, thanks.
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Does this mean you have decided to not simply change the locks and advise her of the change?
 
mcdreamy said:
Does this mean you have decided to not simply change the locks and advise her of the change?
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She is on title, If I change the locks, she can use a locksmith, crowbar, or C4 to get into her own house.

The good news is I wrote a letter threatening a motion based on Mess's excellent input and they have now agreed to provide notice prior to entry.

They seem much more cooperative after having been trounced on last Fridays motion. I can hear Aretha Franklin in the background... "R - E - S - P - E - C - T"

Yes, I am still gloating and will be for sometime. :D:D:D:D
 
plainNamedDad44 said:
She is on title, If I change the locks, she can use a locksmith, crowbar, or C4 to get into her own house.

The good news is I wrote a letter threatening a motion based on Mess's excellent input and they have now agreed to provide notice prior to entry.

They seem much more cooperative after having been trounced on last Fridays motion. I can hear Aretha Franklin in the background... "R - E - S - P - E - C - T"

Yes, I am still gloating and will be for sometime. :D:D:D:D
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lol, gloat away. I would have thought, given she moved out and is now far away, she would have simply respected your change of locks and allowed you your privacy - but, I guess, you can't rely on common sense and some consideration, can you.
 
My advice might work for some. As I am done as of last month and had much of the same issues.

I documented everything with photos and video, my Gopro was excellent. I always displayed that days newspaper and accompanied the pictures or videos with running commentary.
When someone is unfair with possesions, changing locks etc all I can say is my extremely well documented portfolio was worth its weight in Platinum(Gold is going down).

Explaining to a judge what has happenned and having video proof is irrifutable evidence.

When my ex changed the locks and took everything and I mean everything and destroyed my property the video was priceless.

Also as often mentioned... buy a diary, keep detailed notes,,,, on everything. At the end of a month write a summary. If you go to a lawyer this makes his or her job that much easier, and , way cheaper for you.
 
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