My partner and I are listed as co-owners on the deed. The relationship went sour due to his 'indiscretions' and he changed the locks when I found out; I was not given a key. A judge ordered that the locks be changed back to give me access- they were, but two weeks later were changed again. That was almost 2 years ago. The other party has spitefully claimed the house as his despite the deed. Hostile living conditions forced me to move out. We agreed to a buy out of my share but the other party has been unresponsive since. I feel my lawyer should be more agressive in pursuing this. My rights to access my property has been violated- twice. The court order has been ignored- twice with little reaction from my attorney. My desire to end this, get my (equal) share of the house and move on is being undermined purely out of spite. My lawyer lets it drag on. It's purely a property division- there are no issues regarding dependents or other open items.
Should I call the county prosecutor?
2006-12-19 05:44:34 · 10 answers · asked by jwsmith53 1 in Business & Finance ➔ Renting & Real Estate
Get a new attorney!
2006-12-19 05:47:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Concerning your home and entrance to it is a little tricky. All states have different laws concerning the subject and even though you co-own a home with someone you could still get in trouble if you enter. Particularly if you haven't been residing there for some time regardless of whether is was forced or voluntary. Not to mention that it could be dangerous. So, make sure you talk with the prosecutor and police prior to doing so.
Definitely contact the prosecutors office and find out if there is any recourse there. Make a list of complaints and go through each one with them. Be sure to take notes so you can remember later. Ask them for alternatives to things they say they can not do anything about. (Can you sue in civil courts,ect)
Make a separate list (including the complaints that you have for the prosecutor) and include the issues that you are having with your attorney. Make an appointment with him/her and lay it all out for him/her. Let him/her know that you've spoke with the prosecutor and relay the information that they've armed you with. Let your lawyer know (be civilized) that you are unhappy and that time has been a substantial element in your dissatisfaction. If your attorney doesn't have a sound or fair plan to help you then why do you need him/her as your attorney. If he/she is a "yes" person, meaning, they say they are going to do this or that but fail to do so repeatedly then make an appointment with another lawyer to discuss what can be done. Make sure you are aware of any agreement that you have with your attorney prior to retaining another. You do not want to be obligated financially to two attorneys!
Keep good notes. Have all documents in order (court orders, judgements, copies of correspondence). Have an accurate and complete timeline available of everything since it began. Good luck.
2006-12-19 14:08:36 · answer #2 · answered by catullus 1 · 0⤊ 0⤋
Yes. As long as you are on the deed, but don't break in or anything. If you call the police, they will escort you in and let you get anything you want, and may make a determination about who has to leave. Whoever has to leave may also get some compensation for being put out by the other party. The court systems can force a sale of the house, so you can get some of your money if you can't live together anymore.
2006-12-19 13:48:05 · answer #3 · answered by Ch Clark 1 · 0⤊ 0⤋
Sounds like you're in a CIVIL dispute with a former partner, not a CRIMINAL case. The county prosecutor gets called in when you need to file criminal charges against someone. If the house is both of yours', then get in, change the locks and keep your partner out. Let him take you to court to get his half....
2006-12-19 14:07:44 · answer #4 · answered by teran_realtor 7 · 0⤊ 0⤋
1. return to court and file a comtempt citation with the court, make sure you attache all documentation you have on this case. 2. File a complaint against your attorney with both the local bar association and your state disciplinary committee, further demand allyour money back from him. Finally, you should also consider suing in your state supreme court.
2006-12-20 18:56:20 · answer #5 · answered by Joe 2 · 0⤊ 0⤋
I feel that you should do what you have to do. It's your stuff that you want. Since your lawyer is draggin his behind and no one will listen take it to the next step I mean all you want is your share. And that's it. Let them know that you mean business. If it were me, I would call whoever I needed to to get my stuff. So call the county prosecutor.
2006-12-19 13:49:13 · answer #6 · answered by rina2001_2002 2 · 0⤊ 0⤋
Have you asked your lawyer what's going on, why things are taking so long, and what and when the next steps are? If you can't get satisfactory answers, maybe it's time to get a new lawyer.
Good luck.
2006-12-19 14:03:55 · answer #7 · answered by Judy 7 · 0⤊ 0⤋
yeah,if u have got money and time,i think u must talk to ur former roommate before moving to the county prosecutor.
2006-12-19 13:55:31 · answer #8 · answered by ganesh n 5 · 0⤊ 0⤋
yeah, call the cops, get a file complaint # after 24 hrs.. go to court
2006-12-19 13:46:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
There are lots of lawyers out there..find one with your interests at the forefront...
2006-12-19 13:48:34 · answer #10 · answered by Rick 3 · 0⤊ 0⤋