Im not in a position financially to divorce this creep. I basically dissappeared and started a new life from this abusive cheater. He has made it very difficult over the last year for me to retrieve my things from the home but continues to make these threats. I was hoping there would be some action I could take if he did in fact go through with this. He and his lady friend (residing in my home) would certainly profit considerably if they went through with this garage sale type of action. Thank you in advance for any advise you take time to share.
2006-08-04 21:38:09 · 20 answers · asked by LAURIE S 1 in Politics & Government ➔ Law & Ethics
It depends. Some states if you leave and start over, as you state you have, and don't return for your things within a reasonable amount of time (some places 6 months, others 1 year) then it could be considered that you abandoned your things and he may legally do whatever he wants with them.
It may also be illegal for you to remove them from the home.Being that you left the house, left your things and have not returned or gotten a lawyer, the amount of time that has passed may have given him legal ownership. Also, the 2 of you are married. The items are technically both of yours.And would have to be divided per a separation agreement or divorce settlement. Since no divorce has been filed, it may be illegal for either of you to do anything with the belongings. The only way to be sure is to get a lawyer. Call legal aid and see if you qualify for assistance.
You should do it as soon as possible.
What if you tell him if he gives you all your things back, that you won't pursue anything else out of the divorce?.. would he go for that? you don't sound like you want anything except your things... if he agrees you won't go after alimony, or assets.
Good Luck!
2006-08-04 21:51:29 · answer #1 · answered by Jen 6 · 0⤊ 0⤋
I would call your local police or sherriff's office. They may be able to tell you of some options. I would also call a few divorce lawyers. Any lawyer should meet with you for free the first time, and may show you that either divorce is more affordable than you might think, or show you other options you may not have considered. You really need to get a divorce in order to protect your assets, however. If you are still married, not only does your husband have some claim to anything that is in the home, but he still has a legal claim to anything you have outside the home where you live now.
2006-08-04 21:52:28 · answer #2 · answered by Serving Jesus 6 · 0⤊ 0⤋
He can do what he wants being that you are not in the house and you are still married to him. It is not criminal. Just like it would not be criminal for you to go over there with a moving truck and some guards, say off duty police, to pickup all your stuff at once and pack it up and leave. It is not stealing on your part and it is illegal for him to try and stop you. He would be guilty of false arrest at that point. of course, you really should divorce him. Unless there are children involved, it should be quick and painless being as he is already living with another woman. And if he is physically abusive have him arrested for assault then do as you please.
2006-08-04 21:55:27 · answer #3 · answered by LORD Z 7 · 0⤊ 0⤋
You need to get some back up either by asking the police to escort you (tell them you are afraid for your safety) or some burly cousins or something. Don't let him intimidate you.
Yes he can legally sell things as legally he is half owner and doesn't require your permission. Ethically he shouldnt but it doesnt sound like he has ethics. Prepare yourself for the worse though because you will probably find things you love have been damaged or destroyed. Divorce can be a spiteful thing.
2006-08-04 21:44:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
um yes! he cant touch your things, you two are separated and nothing comes or goes without the mutual consent, until there's a separation agreement signed by the judge......he cant touch your things. when i say separation agreement i mean a document signed by you and him and notarized by the court clerk saying whats yours and his. don't be stupid in this, there is help for women. if you want your things, there is a service your police dept. gives......its called a civil stand by. you call them and tell them (them being the police) that he has threatened you and your things and you fear him. then they will met you somewhere and follow you over and stand by while you get your stuff, make sure nothing happens........GET IT. and for the divorce, you can download the documents over the net, at free leagaldocuments.com and pick your state, and the legal packet you want, then fill it out and if you get him to sign it it will be a non-contested divorce. either way, if i didnt give you a the right site, keep trying i know its there i printed them off there before . best of luck. remember.........http://www.uslegalforms.com/divorce/colorado-divorce-forms.htm <~~~~this is it. click on your state and type . fill them out get it notirized and send him the copies or give him the copies. there now you have no excuses about not being able to afford a divorce cost ya 25 bucks for a notary unless you know someone who can notirze em for free
2006-08-04 22:08:34 · answer #5 · answered by juicy 3 · 0⤊ 0⤋
I'd contact a family law attorney in the county where your husband and his girlfriend reside. They should be able to help you out on this. Most attorneys have free initial consultations and should be able to help you through this maze.
Good luck. Even if he sells everything and makes a tidy profit, you still came out ahead just by getting away from the creep. Seriously, divorce this jerk as soon as possible!
Oh, and the courts couldn't care less who cheats on whom nowadays. Most states have "no-fault" divorces and don't penalize the wrongdoers.
2006-08-04 21:45:02 · answer #6 · answered by Bob S 3 · 0⤊ 0⤋
Im not sure about the law where you are but here you need to get a Rit of Possesion from a judge to get your things. most law enforcement agencies will not get involved until you have that leagal form its called a civil matter Until then he can legally sell everything because its all community property until its settled in court. once you get a Rit of possesion you can call the local shwriff's office and they will escort you to get the things listed on the Rit of Possesion i Have worked for the sheriff's office and we delt with this on a daily bases but as i said it may be different were you are from. Good Luck
2006-08-04 21:50:40 · answer #7 · answered by christine o 1 · 0⤊ 0⤋
The selling of things by your husband is not a criminal act because he can say that he owns the things. The best remedy for you is to ask the court to be divorced from your husband and divide the properties owned by you. Likewise, make a petition at court to prohibit your husband from selling things belonging to you.
2006-08-05 00:38:50 · answer #8 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
If you are really not there to contest things, then the law isn't really all
that important. Ever heard the cliche "Possession is 9/10ths of the law"?
However, if you are communicating with him, you can certainly
communicate with the police. Bring him up on abuse charges.
Unfortunately, as long as you are married to him and there are no
children, then you both have access to the same accounts and resources.
No, there really is no way of preventing him from doing this.
Do you have access to the bank accounts? Create one in your name
only, move all of the joint money to it and then offer a trade.
2006-08-04 21:43:55 · answer #9 · answered by Elana 7 · 0⤊ 0⤋
Without a divorce decree where assets are allocated to each person, you're out of luck, because, without a divorce, it's a question of "he said, she said." Do whatever it takes to get a divorce. You need to do that for yourself. Don't stay attached to this guy.
Be prepared. You may need to walk away from all your belongings to spare yourself a fight with this guy. It's usually not worth the fight. It's easier to start over.
2006-08-04 21:44:19 · answer #10 · answered by Anonymous · 0⤊ 0⤋