I need to move my items out of my husband's home-Do I need the police?

Question

My husband has been cheating on me since June of 2005. With the help of the advice from people on yahoo answers, I was able to pull myself together and leave him. I have moved to another city but sill have several items in the house. I want to get these items, but my question is--Do I need to call the sherriff of the police to escort me? My plan was to move out of the house during the day while he was at work. The house is in his name and it was purchased before we got married. We are still married and I have not filed for divorce or legal seperation. I just want to move all of my items out of the house before I file, he can be vendictive, he has already shut off my cell phone on monday evening and installed a local alarm on the house (it just makes a sound for about 5 minutes, it does not alert the police or anything). As of last week, he has not changed the locked on the house, but I am afraid he might try to do that. I only want my personal bleongings. What should I do?

Answer 1

Unless there's a court order stating that you can not enter the property, you have every right to enter the home.

For your safety, I would however contact the police and have them meet you there. If the locks have been changed, I would think you could hire a locksmith to breach the door. (a rock works too)

Before you go through the trouble, is this stuff worth the effort?

Answer 2

Call the local sheriff or police department.. Mark an appointment with them so you can meet and they can escort you to get your things...

Ask them if they need him there or not.. So you can decide on a time to go... Take a friend with you (female friend is best as a male friend would only make your soon to be ex more upset) Make a list of all the items you need to recover (copy the list 3 times, one copy for you one for the police officer and one for your soon to be ex) the list will help you get the items more quickly, will give your ex something to read while you get the items and will give the police a clue as to what you intend to get...

You may need a court order to get your items ask the police they will know...

Answer 3

If you are still married, you have every right to be in that house. If you are afraid he will hurt you, you may try to call the sherrif to help you, in most cases though, they won't go with you unless you have a court order. If he hasn't changed the locks, go get your stuff, take a friend or someone else with you as a witness or if you need the police, they can call for you. Just take what is yours though and then anything you want from the marriage can be distributed by the courts. good luck

Answer 4

Seeing as how he owns the house, if you had a police escort they would not let you enter. That is considered breaking and entering, and it doesn't matter that you were married, he has ownership of the house. You need to go to court with an itemized list, receipts, etc and get a court order to remove your things. Then, the police will escort you in.

Answer 5

1 You need to speak to a lawyer.
2 You should not take the advice of strangers on the Internet concerning such important and personal matters.
(Listening to opinions is one thing, acting on the opinions of those who do not know you is a HUGE leap to take.)

3 have you thought of reconciling through marital counseling?

4 by moving out, it's YOU who is abandoning the marriage from the court's view for future divorce proceedings.
5 if you're still bent on removing your things from the house, make sure it's just YOUR things. Common property will be divided up later.

Answer 6

contact your lawyer first. When you seperate they will do a division of assets anyways and you probably will get your items back but in time. Your other option is to ask him to collect these items and put them in bags and leave them in the garage for you to pick up. That way you don't have to see eachother and you can get your things back. I don't advise just going there and getting your stuff without his knowledge considering it was his home before you got married. I jsut don't want you to get charged with breaking and entering or something crazy if he's an asshole.

Answer 7

Call the police for an escort. They won't mind, and that way you are covered if he says you stole any of his belongings or damaged his property.

Also, wait until he is there - if he's changed the locks, the police will make sure he opens the door and lets you gather your things. The police will ensure that things go peacefully and he won't be able to damage any of your belongings.

Answer 8

Your sheriff's department should be willing to provide a uniformed deputy as an escort to remove personal items. Their main duty is to presrve the peace and prevent injury, etc. An attorney with a comcorder would also keep things very calm.

Answer 9

A bit of advise about taking things (California at least): Everything in that house is half his and half yours unless you can prove it was yours before marriage. That includes everything from your hair spray to your undershorts. It is not illegal for you to get your stuff but if he's an ****** then he could screw around with you in that regard. You should at least go with a witness, third party who is not related to the case to vouch for you if he says you took something that you didn't.

Answer 10

Since you don't have residency there, you will first need a court order with an itemized list of belongings you want to take. You will need to take your husband to court, I'm afraid,otherwise it will be considered theft.