I have been threatened? Is this right??

[tozzy]

What is the name of your state? NC
We are 6 months away from divorce, there is NO legal separation, no restraining orders, no court orders at all period.
I received a letter from her attorney today stating that I cannot go near or return to the premises of my home according to N.C.G.S 14-134.3

What i dont understand is that in that letter the attorney says that my wife has "exclusive use and possesion" of the house. How can this be since there is no court order keeping me out, she left the house for two months.

What precipitated this was that I asked her three times to get into the house so that I could get my tax information, and she denied me getting into the home, so since this is still my home, I have paid taxes, mortgage, homeowners insurance, I hired a locksmith while she was gone and got what I needed to do my taxes, then she has her lawyer threaten me. Can they do this? The lawyer says that I can be prosecuted for domestic criminal trespass?? I think she feels that this is her home! I have been living on my own for 5 months yes, but what should I do? The letter said "you recently entered those premises without her permission and entered those premises without her permission".

Am I missing something here??? As of now, with no legal action keeping me away from my home, do I have to ask her permission?? Cant a man get his tax information to pay the governement??

Please someone advise me

Tozzy

[LdiJ]

Originally Posted by tozzy

What is the name of your state? NC
We are 6 months away from divorce, there is NO legal separation, no restraining orders, no court orders at all period.
I received a letter from her attorney today stating that I cannot go near or return to the premises of my home according to N.C.G.S 14-134.3

What i dont understand is that in that letter the attorney says that my wife has "exclusive use and possesion" of the house. How can this be since there is no court order keeping me out, she left the house for two months.

What precipitated this was that I asked her three times to get into the house so that I could get my tax information, and she denied me getting into the home, so since this is still my home, I have paid taxes, mortgage, homeowners insurance, I hired a locksmith while she was gone and got what I needed to do my taxes, then she has her lawyer threaten me. Can they do this? The lawyer says that I can be prosecuted for domestic criminal trespass?? I think she feels that this is her home! I have been living on my own for 5 months yes, but what should I do? The letter said "you recently entered those premises without her permission and entered those premises without her permission".

Am I missing something here??? As of now, with no legal action keeping me away from my home, do I have to ask her permission?? Cant a man get his tax information to pay the governement??

Please someone advise me

Tozzy

Were any orders made at all? If an order was made giving her exclusive use and possession of the home, then you aren't supposed to enter it without her permission.

In any case, it would be wise at this point not to enter the home again without permission. Its simply safer.

[tozzy]

NO,

That is what I dont get?? there are absolutley no orders, nothing stating that she has exclusive use and possesion of the home. We have kept this out of the courts. But what I am getting at is that first, I had to get tax information she denied me. And the biggest question is she is telling me that she is getting all the equity of the house!! So I feel she is trying to set me up to get the entire home. Should I get an attorney to write a letter stating that? Or should I send her attorney an e-mail stating that I there is nothing that legally prevents me from getting my belongings?

I just dont want her to think that this is HER home. We are both on the mortgage.

[tozzy]

By the way, here is what the lawyer sent me?? She is not the "Lawful occupant"
I feel she and her lawyer needs to know this. Should I let them know?


Domestic Criminal Trespass N.C.G.S. § 14-134.3.

(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:
(1) A judicial order of separation;
(2) A court order directing the person charged to stay away from the premises occupied by the complainant;
(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or
(4) Separate places of residence for the complainant and the person charged.

Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.

(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense.

[Ithildriel]

Originally Posted by tozzy

By the way, here is what the lawyer sent me?? She is not the "Lawful occupant"
I feel she and her lawyer needs to know this. Should I let them know?


Domestic Criminal Trespass N.C.G.S. § 14-134.3.

(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:
(1) A judicial order of separation;
(2) A court order directing the person charged to stay away from the premises occupied by the complainant;
(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or
(4) Separate places of residence for the complainant and the person charged.

Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.

(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense.

Seems that they are refering to the bolded portions. Wherein you have a verbal agreement that you are living apart, and you have separate residences.

Logic would seem to me, that if you had rights to be in the house still, you would not have needed a locksmith to provide you with entry.

Yes, she was morally wrong to not give you whatever tax information it was that you needed, but why didn't you take it with you when you moved out 5 months ago???

Also strange to me, how did she know you were in there if all you did was go in and grab some paperwork?

[Bali Hai]

Originally Posted by LdiJ

Were any orders made at all? If an order was made giving her exclusive use and possession of the home, then you aren't supposed to enter it without her permission.

In any case, it would be wise at this point not to enter the home again without permission. Its simply safer.

BULL CRAP!!

The man says there is no court order barring him from HIS residence.

If this is the case, OP can drive a bulldozer thru his livingroom to get his tax documents.

[Bali Hai]

Originally Posted by Ithildriel

Seems that they are refering to the bolded portions. Wherein you have a verbal agreement that you are living apart, and you have separate residences.

Logic would seem to me, that if you had rights to be in the house still, you would not have needed a locksmith to provide you with entry.

Yes, she was morally wrong to not give you whatever tax information it was that you needed, but why didn't you take it with you when you moved out 5 months ago???

Also strange to me, how did she know you were in there if all you did was go in and grab some paperwork?

Bulldozer tracks in the living room. I'll call your bluff....What are you going to do about that if you're OP's wife??

[tozzy]

Well, acording to that NC code it says the person "charged". I have not been charged, been served, court ordered, nothing!! She would not let me in my house even with two additional witnesses. I have wanted to reconcile our marriage, I have payed taxes, ect.. on the house. I am only living separatley because she is steaming mad at me. I

Why & how can this Lawyer threaten me? There is absolutley nothing legal against me??
I never told her I would stay away from the home ( although i will now that I have needed tax documents) Can I write this Lawyer and tell him he is full of crap?? I dont need to get into the house, but once again, I dont want a precedent set that she will GET the home entirely!!! Can any of you make sense of this NC statute?

[Bali Hai]

Originally Posted by tozzy

By the way, here is what the lawyer sent me?? She is not the "Lawful occupant"
I feel she and her lawyer needs to know this. Should I let them know?


Domestic Criminal Trespass N.C.G.S. § 14-134.3.

(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:
(1) A judicial order of separation;
(2) A court order directing the person charged to stay away from the premises occupied by the complainant;
(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or
(4) Separate places of residence for the complainant and the person charged.

Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.

(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense.

Have your lawyer let them know this. Sounds like her lawyer is playing judge. Tell him/her to go to h@ll.

Meanwhile come and go as you please unless otherwise notified by the court.

[tozzy]

Do you think I should send her lawyer a note? I dont appreciate this lawyers false threats. Can I tell him he is playing judge? What about the NC statute?
How can I refute that ? I mean I DO NOT need to go into the house again, however I need them (Wife & Lawyer) to know that I am entitled to half the equity of the home.

And that they need to pursue legal action to keep me from accomplishing my obligations. (Taxes)

[Ithildriel]

Originally Posted by Bali Hai

[/b]

Bulldozer tracks in the living room. I'll call your bluff....What are you going to do about that if you're OP's wife??

If I saw bulldozer tracks through my house? Probably exactly what she did, except that I'm not a ball busting biotch, so I probably would have gotten him his tax papers after the first request.

To OP, I see it more as a warning not to enter the house again, or they will charge you under the law she sighted.

Also I believe that ""exclusive use and possesion" refers to the possesion of the house during the period while all is being worked out. I don't believe it has anything to do with your rights to your share of the equity. It just means, that as of right now, you can't enter the house without her permission. Like Bali said though, that is really for a judge to decide, but seeing as how you haven't lived there for 5 months, it would probably go that way.

"Do you think I should send her lawyer a note? I dont appreciate this lawyers false threats. Can I tell him he is playing judge? What about the NC statute?"

Sounds like time for playing nice are over. I would lawyer up if I were you...

[Bali Hai]

Originally Posted by tozzy

Do you think I should send her lawyer a note?

No. YOUR lawyer should be your mouth piece.

I dont appreciate this lawyers false threats.

Get used to that.

Can I tell him he is playing judge?

You can tell him anything you want. The main thing is to be sure you are legally correct and act accordingly.

I always like to see the look on an airbags face when I tell them to go to h@ll.

What about the NC statute?
How can I refute that ? I mean I DO NOT need to go into the house again, however I need them (Wife & Lawyer) to know that I am entitled to half the equity of the home.

You are entitled to half the equity accumulated during the marriage.

And that they need to pursue legal action to keep me from accomplishing my obligations. (Taxes)

Get an attorney if you don't already have one.

[tozzy]

I appreciate your comments. I am trying to play nice, but doggonit, why won't she let me get my tax information.

But you said:
"To OP, I see it more as a warning not to enter the house again, or they will charge you under the law she sighted."

Can I really be charged when there is absolutely ZERO orders, agreements, notta, nutton??

I just feel like writing the Lawyer and tell him until there is no legal action or orders, nothing can prevent me from getting my personal belongings or legal information until ordered by an authority other than a lawyer?

Could I not bring a police officer to the house and get into the home??

Also, she abandoned the home for 2 out of 5 months, and I paid the mortgage, taxes, just payed the home owners insurance, and continue to pay the water & sewar bill.

[Bali Hai]

Originally Posted by tozzy

I appreciate your comments. I am trying to play nice, but doggonit, why won't she let me get my tax information.

You already know the answer to that.

But you said:
"To OP, I see it more as a warning not to enter the house again, or they will charge you under the law she sighted."

That's cited. They can't do jack unless they have an order. Don't let them BS you.

Can I really be charged when there is absolutely ZERO orders, agreements, notta, nutton??

Anybody can be charged with anything. What comes after is what counts.

I just feel like writing the Lawyer and tell him until there is no legal action or orders, nothing can prevent me from getting my personal belongings or legal information until ordered by an authority other than a lawyer?

Don't waste your time. He already knows this.

Could I not bring a police officer to the house and get into the home??

Yes. But WHY??

Also, she abandoned the home for 2 out of 5 months, and I paid the mortgage, taxes, just payed the home owners insurance, and continue to pay the water & sewar bill.

So what? Even if she didn't vacate the residence you can go get a drink of water, make yourself a sandwich and sh!t in the toilet if you want to.

If you knew she "abandoned the home" for 2 months, why didn't you execute a hostile takeover at that point???

[tozzy]

Well,

At the advice of my attorney, I was about to move back into my home and then she came back from living in Florida. I think her attorney told her she had better get back into the home.

The bottom line is, I just dont want a precedent set that it is HER home. I'll stay away, I already have my tax documents. I voluntarily moved out, yet still pay some of the homes expenses. Why cant I just write a simple note to her attorney stating that I got what I needed, no longer need to get into the home, but yet state that the home is eqaully mine as it is hers, just to send a message that she doesnt "OWN" the home.