Soon-to-be-ex won't let me get belongings

[Baycon]

What is the name of your state (only U.S. law)? Indiana

My husband and I separated almost (2) months ago. We were married 10 months at the time of separation. He already filed for divorce. He is currently living in the house that we lived in while we were together. At the time of the marriage, we did not own the house. His mother owned the house, and we paid her rent. After I left to stay with my parents, he bought the house from his mom. I want back everything that I owned before the marriage. He has already told me that I can have it...but he has yet to let me come and get it. He changed the locks a few days after I left. All of my son's toys and furniture, as well as my clothes are all in the house. My STBX says that he legally can keep my stuff until the divorce is final. Is this true? And if so, what will happen to me if I go and get it without his permission (say if I went in through a window)?

 

[TinkerBelleLuvr]

Unless the JUDGE has given your STBX exclusive use of the marital property, then you each have a right to be there.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Indiana

My husband and I separated almost (2) months ago. We were married 10 months at the time of separation. He already filed for divorce. He is currently living in the house that we lived in while we were together. At the time of the marriage, we did not own the house. His mother owned the house, and we paid her rent. After I left to stay with my parents, he bought the house from his mom. I want back everything that I owned before the marriage. He has already told me that I can have it...but he has yet to let me come and get it. He changed the locks a few days after I left. All of my son's toys and furniture, as well as my clothes are all in the house. My STBX says that he legally can keep my stuff until the divorce is final. Is this true? And if so, what will happen to me if I go and get it without his permission (say if I went in through a window)?

Be careful with that approach and be prepared to go out through the same window that you came in through.

 

[Baycon]

This is what I don't understand: I lived there and paid rent, too. Shouldn't I have the right to go in there since we are still legally married? He is saying that since my name is not on the mortgage, I will be tresspassing. But he also bought the property while we were (are) still married.

 

[TinkerBelleLuvr]

It is the marital home, regardless of whose name is on the mortgage. Do you have anything that shows that address is your home?

 

[Bali Hai]

It is the marital home, regardless of whose name is on the mortgage. Do you have anything that shows that address is your home?

I get my ex-wife's mail all the time, 7 years later. She can keep my address on all her stuff like drivers license etc. Does that mean my address is still her home?? NO!!

 

[TinkerBelleLuvr]

Bali, I'm sure that the judge gave exclusive use of the marital home to one of you. THAT is why the X can't move back in, right?

Until the JUDGE orders it, they have equal rights, except in the case of domestic violence where they can issue an RO.

 

[Baycon]

My drivers license still has that address

 

[Bali Hai]

My drivers license still has that address

But that is not your legal address anymore (for 2 months) since you left and are residing elsewhere. I believe you have another 30 days legally to correct the address on your license.

 

[Baycon]

What is my legal address then? I am staying with my parents in Kentucky, but I was a resident of Indiana (which is where my divorce is taking place). I have not legally changed my address to anything. The papers that were filed state that I am a resident of Indiana. And I technically have not moved out since all my stuff is still in his house! I realize that that probably doesn't matter. So basically, my son and I have to go without until whenever my STBX feels like giving us our stuff? We don't even have a court date set, so I have no idea when the divorce will be final. In the meantime, his new girlfriend is using my stuff!!! I really don't see how that is fair.

 

[TinkerBelleLuvr]

Then move back in with your STBX. Should be quite cozy. THAT might get the ball rolling. You have a marriage certificate right? You're still married right? Anyone have an RO?

 

[Baycon]

Yes, we are still married, and yes, I have a marriage certificate. I don't know what an RO is, but if it's some kind of protection order, then no. Nobody has an RO.