My cousin's exboyfriend changed the locks on the house, leaving her and their son with no where to go. They have none of their personal belongings. Is it legal for him to keep them from their personal property, especially since the child is a minor? Does she need to get a court order to get her stuff back?
2007-09-19 09:09:09 · 37 answers · asked by jcgrier24 3 in Family & Relationships ➔ Marriage & Divorce
It is his house, but he gave her a letter that was not notarized and he has been abusive in the past. Bottom line thing is we can prove all that stuff is hers, it's his word against all of ours and he already has a bad rep with the cops in that area.
2007-09-19 09:28:07 · update #1
No it is not LEGAL. However, it is done all the time.
Start: Call the local sheriff and see if they have an officer available to go with to get her stuff. She will have to do it when she knows he will be home. He CAN refuse in which case have to go to step 2 because the police cannot force him to turn those things over without a court order. Usually, just having an officer with is enough persuasion.
If he does not cooperate with the police: File a petition with small claims court for illegal eviction. By the time it gets to court, they may have worked things out.
Easiest: Forget about the stuff and as she can afford it replace it. I'm sure your family can help her out with the basic needs for now?
IMPORTANT: If she has not already done so, get her in to child support to file. The father of her son is still responsible to support him (whether they live together or not). That may hit the court room faster than a small claim suit and she can casually mention her son's property (and hers) to the judge. The judge may tell him to be a man and give her back those things.
2007-09-19 09:33:17 · answer #1 · answered by peggy m 5 · 0⤊ 0⤋
Of course he isn't allowed to keep their stuff - but there may be some dispute as to who actually "owns" the stuff. For example, if he paid for an item, then technically it is his; but if he gave it to her or the child as a gift, then it is theirs.
Since he is the child's father, he is legally required to provide the child - it would be abuse if he deliberately withholds essentials like food, clothing, and diapers knowing the mother doesn't have the means to otherwise provide them.
She probably doesn't need to go to court - she should call the police and have them escort her into the house. While both the police and the jerk boyfriend watch, she should pack up everything she and the child legally owns, and be very open and detailed about what she is taking. Then she should walk out and be glad to get rid of such a jerk in her life. She should also talk with the cops about getting a caseworker to help her sue him for child support.
2007-09-19 09:17:59 · answer #2 · answered by teresathegreat 7 · 1⤊ 0⤋
It is illegal to change the locks and lock someone out of their place of residence without an eviction order. your friend should call the police and have them order the ex-boyfriend to let them back into the house. She can also go to court and ask for a protection order, which would require him to leave the house and stay away from them.
2007-09-19 09:18:41 · answer #3 · answered by shroomigator 5 · 1⤊ 0⤋
It is illegal to keep another person's property. She will have to go to the local authorities to get her stuff back. It may take going to a civil court, but usually if a person shows up with the police, the holder will not stand in the way.
2007-09-19 09:13:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If her name is not on the deed or rental agreement. Yes she will need a court order to reenter the property to recive her stuff. Woman, learn a valuable lesson from this, if you shack up with some guy and you have kids you are causing yourself potential problems. At least get put on the deed or rental agreement so you won't be put out on the street by some guy.
2007-09-19 09:16:20 · answer #5 · answered by Anonymous · 2⤊ 0⤋
depends whose name is on the mortgage or lease. If they have a joint mortgage or lease...then no it's illegal...if he's the lease or mortgage holder individually then yes it's legal...possession is 9/10 of the law.
Now, what she can do is contact the local police dept and ask for a police office to escort her to the premises and have the police office "insist" meaning just throw his weight around as a law enforcer, but the X bf doesn't have to let her in...again only IF he is the sole lease/mortgage holder.
Then yes she will have to go to court to get her stuff back...in the meantime he can throw everything out and w/o receipts or invoices its hard to prove the processions were her's and her child's. it's his word against her's.
2007-09-19 09:21:26 · answer #6 · answered by Anonymous · 0⤊ 1⤋
She may want to re evaluate what kind of dumbasses she gets involved with in the future.
She needs to call the police but a warning to her, it will be all she can get out of the house in anywhere from 15-30 minutes and that is left up to the officers discretion!
2007-09-19 09:18:52 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No, it isn't LEGAL. You must make a police report RIGHT AWAY. Then you want to "arm" yourself with a lawyer who can help you retrieve your belongings. You don't have to go through this "trauma" all by yourself. If you can't afford a lawyer, then go to the "Legal Aid" place in your city. Don't ever be bashful and "ask" for what you want. No one can read your mind. What shall we then say to these things? If GOD be for us, who can be against us? - Romans 8:31. The Lord daily loadeth us with BENEFITS, even the God of our salvation. Selah. - Psalm 68:19. Peace, Love and God Bless.
2007-09-19 09:18:53 · answer #8 · answered by In God We Trust 7 · 1⤊ 0⤋
First thing she has to do is go to the police report what he did. Depending on what state she lives and if the child is his the police and child services will help her.
But the first thing is report what he did. Make sure she does not take matters under her hand let the professionals do it.
Good luck
2007-09-19 09:15:50 · answer #9 · answered by sweetsarah 3 · 1⤊ 0⤋
No she do not need a court order to get her things out.. just have a officer there. The law says you cant kick a minor out the house.. he can go to jail for that.
2007-09-19 09:14:19 · answer #10 · answered by K_LOVE 3 · 1⤊ 1⤋