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Re-Entering the Former Marital Home.

  • Josh2008
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15 Jan 08 #10746 by Josh2008
Reply from Josh2008
Doesn't matter how long since you left, you still have home rights...

If your name is on the deeds and the locks are changed, you can legally break in to obtain your goods.

If your name is not on the deeds you can still enter by using your existing key or through an open window/door etc..

If your name is not on the deeds and the locks have been changed, then your only recourse is negotiation with your spouse or applyibg to the courts for a home rights occupation order...

  • yferch
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15 Jan 08 #10761 by yferch
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Hi

I actually had my ex come up to the FMH when I was in work, he removed the padlock from the shed and he proceeded to empty it of all the expensive tools etc until a neighbour disturbed him and he decided to drive off.

Due to I did not want him doing this again or to the house (he kept moaning he wanted his plasma tv, computer etc and I needed the tools for house renovations etc long story)I phoned the police for their 'expert' opinion on what I could do and how the matter stood with them and I consulted my brother in law who is a policeman. I was informed that as we were married, the property was still 'OURS', even if he left,it was not breaking and entering, it was not theft, it was still a civil and not criminal matter, even if I prooved the items were mine by name and with reciepts. They were loathe to get involved UNLESS he came to the house while I was there and he became threatening etc then it was a disturbance of the peace etc. and if I phoned them they would attend to ensure my family's safety.

He kept coming while I was in work until I drilled out the locks so they could not be unscrewed anymore.

I can replace material things in time and decided to forget about it and not persue it, even though it made me angry at the time.

  • yferch
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15 Jan 08 #10762 by yferch
Reply from yferch
Hi

I actually had my ex come up to the FMH when I was in work, he removed the padlock from the shed and he proceeded to empty it of all the expensive tools etc until a neighbour disturbed him and he decided to drive off.

Due to I did not want him doing this again or to the house (he kept moaning he wanted his plasma tv, computer etc and I needed the tools for house renovations etc long story)I phoned the police for their 'expert' opinion on what I could do and how the matter stood with them and I consulted my brother in law who is a policeman. I was informed that as we were married, the property was still 'OURS', even if he left,it was not breaking and entering, it was not theft, it was still a civil and not criminal matter, even if I prooved the items were mine by name and with reciepts. They were loathe to get involved UNLESS he came to the house while I was there and he became threatening etc then it was a disturbance of the peace etc. and if I phoned them they would attend to ensure my family's safety.

He kept coming while I was in work until I drilled out the locks so they could not be unscrewed anymore.

I can replace material things in time and decided to forget about it and not persue it, even though it made me angry at the time.

  • Shepherd
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15 Jan 08 #10766 by Shepherd
Reply from Shepherd
Hi Everybody.

My thanks go out to you all for taking the time to post a response to my dilemma. Its very much appreciated indeed, I've learned much.

I'll never understand what gives my xw2b the right to decide what I can and cannot have from the FMH especially as I paid for all of it in the first place. Who has given her the right to play God with OUR photographs of our children (Most of which I took) ? It just isn't right.

Oh, here I go again getting all bitter and twisted.. perhaps I should sign off and go to bed.. Hmmm.

Thanks to everybody.

Shepherd.

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