Just Seperated Need Quick Answers

[angel2006_fl]

Hello,

I live in Ocala, Florida - 34474

My husband recently moved out of the apartment we live in. It was a mutual agreement between us, but he has already lied to me about not taking any furniture out of the apartment. Therefore, I do not trust that he will not come back for more. I just changed the locks to the apartment, there are few questions I need answered immediately...

1. Is it legal for me to change the locks even though his name is the only name on the lease?
2. Also, he is a police officer and obviously has connections - I need to know how to protect my rights as far as property that is still inside the apartment.
3. We paid half rent while he was still living here because he served as the security officer for the complex, but I feel like that is just something else he has over my head. Could the apartment complex make me pay full rent if they found out he is gone? Or would they have to give me time to change that?
3. My vehicle is under his name as well and he has an extra set of keys for it, can he just come and take my vehicle???

PLEASE HELP! I am scared that he has the major upper hand.

Sincerely,
angel2006_fl

 

[LdiJ]

Hello,

I live in Ocala, Florida - 34474

My husband recently moved out of the apartment we live in. It was a mutual agreement between us, but he has already lied to me about not taking any furniture out of the apartment. Therefore, I do not trust that he will not come back for more. I just changed the locks to the apartment, there are few questions I need answered immediately...

1. Is it legal for me to change the locks even though his name is the only name on the lease?
2. Also, he is a police officer and obviously has connections - I need to know how to protect my rights as far as property that is still inside the apartment.
3. We paid half rent while he was still living here because he served as the security officer for the complex, but I feel like that is just something else he has over my head. Could the apartment complex make me pay full rent if they found out he is gone? Or would they have to give me time to change that?
3. My vehicle is under his name as well and he has an extra set of keys for it, can he just come and take my vehicle???

PLEASE HELP! I am scared that he has the major upper hand.

Sincerely,
angel2006_fl

Technically, if his name is the only name on the lease, then you can't keep him out of the apartment.

Its probably best if you pack up your stuff and move somewhere else. That eliminates your problems.

The car is an issue as well. Its his property, or his property too.

 

[angel2006_fl]

Ok...

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So, you say the truck is his property too? But, does that give him the right to just come and take it from me???

How about if I go to the apartment complex and tell them he left and get my name on the lease? That way, he loses control as far as being able to come and get things out of the apartment...

 

[nextwife]

If it is HIS premarital truck (was it premarital or bought using premarital assets?) YOU actually have no right to keep it from HIM. He may have every right to get it back. He also has a right to any of his premarital stuff.

If he is no longer residing in the complex, the LL may want to put someone into that unit that IS on-site and providing the service that the reduced rate rental agreement provided. They also would need permission of the leasee to re-rent that unit to another while the lease is still valid, if he has a lease and the rent remains paid. The LL certainly is not obligated to continue providing a reduced rent if they are no longer being provided the service the reduction bought.

Why do you think YOU should have the sole right to:

the apartment,
all the stuff in the apartment
and
his vehicle?

 

[curlyerin]

his stuff

If you are married, you can not change the locks on the doors or call and report the car stolen. If the car was bought after ou were married, he can not with hold it from you because you are his wife. My parents are going threw the same thing in the divorce. Even though my mom went a bought a house, my dad can not change the locks on the door till the divorce is final. you will most likely need someform of legal document to have his name taken off the lease the the apt.

 

[LdiJ]

If it is HIS premarital truck (was it premarital or bought using premarital assets?) YOU actually have no right to keep it from HIM. He may have every right to get it back. He also has a right to any of his premarital stuff.

If he is no longer residing in the complex, the LL may want to put someone into that unit that IS on-site and providing the service that the reduced rate rental agreement provided. They also would need permission of the leasee to re-rent that unit to another while the lease is still valid, if he has a lease and the rent remains paid. The LL certainly is not obligated to continue providing a reduced rent if they are no longer being provided the service the reduction bought.

Why do you think YOU should have the sole right to:

the apartment,
all the stuff in the apartment
and
his vehicle?

I don't think that we have enough info to assume that the car is a premarital asset.....heck we don't even know the ownership status of the car that he is driving.

We don't know the length of the marriage or how much stuff in the apartment is her premarital stuff. For all we know they could have been married for years and nothing that they have is really premarital.

However, I agree about the apartment and I reiterate that I think she should move out if the lease is in his name only. That would be wierd though, because apartment complexes simply don't set up leases that way.

 

[nextwife]

Which is why I said IF. Even if married for years, if one uses PREMARITAL funds to buy a car, it is still seperate property, unbless jointly titled.

If a marital asset, NEITHER has the right to keep it from the other.

The fact that the lease is in his name only is why I suspected it was not a long term marriage. Many leases roll into MTM tenancy after the first year or so.

 

[angel2006_fl]

Premarital?

The apartment is premarital because we both lived there for a year before we were married. The truck is postmarital. We have been married for 1 year as of November 6th 2005. He did buy the truck for me to drive but we used his credit because I still had some bad stuff on mine. That is why the truck is in his name. I plan on moving out but the agreement from him when he left was that I could stay there until I got my income tax money in March and then I am getting my own place somewhere else. He also agreed to pay the truck payment and insurance until I can find another car. I don't think he intends to make this a nasty situation because he still wants to be in my son's life (not his biologically) and also I don't even think he really wanted to leave but he did because we weren't getting along AT ALL! The reason I changed the locks is because I don't trust that he will just come and get the rest of his clothes and other belongings while I am not home and I feel safer knowing that I will have to be there when he does come get his stuff. See... The day he left he told me that he was just taking his clothes and his T.V. and going to his Mom's. But, when I came home he had taken our T.V, the T.V. Stand and our filing cabinet that we both keep our bills in. I know he has rights and I am not trying to keep him out but I do want to be home when he comes over there.

 

[nextwife]

Was the TV bought during or before the marriage? If before, who bought it?

Can you simply arrange for a third party tto meet your STBX at the place so he can remove his own stuff? You've only been married a year, so surely you must have each brought your your own things into the marriage, or into the relationship.

If the LL raises the rent to full, don't be surprised if he is no longer willing to continue paying it for you.

Are you working?

 

[angel2006_fl]

The rent

He's not paying the rent. I am. Yes, I have a job. The only thing he is continuing to pay for me is the truck payment and insurance. I really think he wants to get a divorce. He called me today when he realized that I had changed the locks and basically told me that he wants me out. I don't think I have to leave right away do I?

 

[LizaDoolittle2]

Hello,

I live in Ocala, Florida - 34474

My husband recently moved out of the apartment we live in. It was a mutual agreement between us, but he has already lied to me about not taking any furniture out of the apartment. Therefore, I do not trust that he will not come back for more. I just changed the locks to the apartment, there are few questions I need answered immediately...

1. Is it legal for me to change the locks even though his name is the only name on the lease?
2. Also, he is a police officer and obviously has connections - I need to know how to protect my rights as far as property that is still inside the apartment.
3. We paid half rent while he was still living here because he served as the security officer for the complex, but I feel like that is just something else he has over my head. Could the apartment complex make me pay full rent if they found out he is gone? Or would they have to give me time to change that?
3. My vehicle is under his name as well and he has an extra set of keys for it, can he just come and take my vehicle???

PLEASE HELP! I am scared that he has the major upper hand.

Sincerely,
angel2006_fl

Mine is a police officer too who works for the court that the divorce will be held in. Sucks.

He also got his attorney for next to nothing because of that.

You should get a lawyer and go to court and get an emergency hearing to see who gets to stay in the apartment. Only a judge can say who gets to stay there. By law, neither you or your husband can kick the other one out, but if living together is not working out, then you should get a lawyer.

Good luck!!

 

[nextwife]

Only a judge can say who gets to stay there.

Professor Higgins here. Liza, this is NOT exactly correct.

The party currently occupying this rental NEVER entered into nor was approved as tenant by the LL, as far as we know. The lease may have restrictions on reassigning rental rights WITHOUT the approval of the LL. The LL has pre-existing rights under the lease, so THEY could have the final say. The LL's agreement is with STBX, not the poster. Technically, one must have the LLs approval to move in ANY tenant not included in the rental agreement. The LL has rights as management.