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Breaking and Entering

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miken79

Junior Member
What is the name of your state? West Virginia

I have a friend who got divorced about 2 years ago. Her ex constantly tries to get her back. Well, he currently lives in their old house which she owns half of. One morning while dropping the kids off at his parent's house (Who live across the street from him.), she saw a strange car in the driveway. He always told her he had not been with anyone and wanted her back. So, to prove that he was with someone else, she walked through the back door and saw him in bed with another woman. She left and went to work. Ever since than, he has called her numerous times wanting to talk. She has ignored his calls and is done with him. A week later he is leaving voice mails that if she does not call him back, he will press charges for breaking and entering. I know that legally, what she did can be considered a break and entering, or more as trespassing since this was his residence. What is your opinion on her situation? If he does press charges, do you think she could be prosecuted? Should she be worried?
 


Just Blue

Senior Member
Is the home owned jointly between them? Is the home marital property and he was awarded the residence by a court order? Is he a tenant of hers and the other owner?
 

miken79

Junior Member
The home is owned jointly between them. The court said the house was to be sold or one or the other bought out on their half.
 

seniorjudge

Senior Member
The home is owned jointly between them. The court said the house was to be sold or one or the other bought out on their half.
If that is really what the judgment in the lawsuit said, then the title to this property is screwed up royally.

You need to hire a lawyer and stay away from your ex-husby.
 

seniorjudge

Senior Member
Q: If he does press charges, do you think she could be prosecuted?

A: Certainly. But you haven't given us enough facts to tell you what might happen. For example, does husby alone have total control over the house even though you own half?
 

miken79

Junior Member
I just talked to her. The court decided he could live in the house and that he had to buy her out on her half. So, this is considered his residence and she will be considered trespassing.

Thanks for everyone's help.
 

Just Blue

Senior Member
I just talked to her. The court decided he could live in the house and that he had to buy her out on her half. So, this is considered his residence and she will be considered trespassing.

Thanks for everyone's help.
No. It would be considered unlawful entry. She has zero right to go into HIS home.
 

miken79

Junior Member
But it can also be considered as illegal trespass only if there was no intent on committing a crime when done.
 

Just Blue

Senior Member
But it can also be considered as illegal trespass only if there was no intent on committing a crime when done.
Who told you that? Her intent was obvious. She knowingly and illegally went into someone else's home to invade their privacy.
 

miken79

Junior Member
I was just going by definition on law.com. I am sorry if I misunderstood.

I agree, she should have never went in there. Now I can only hope that he is bluffing. It's a crazy relationship. She has something issues of letting go. A few weeks ago, she forgot her keys outside. He walked into her house, assaulted her/harassed and than left. She called the police and file charges. To this day he has not been arrested. Now, I know.. why would she go into his house after all of this? I do not know.

Thanks again,
 

Just Blue

Senior Member
I was just going by definition on law.com. I am sorry if I misunderstood.

I agree, she should have never went in there. Now I can only hope that he is bluffing. It's a crazy relationship. She has something issues of letting go. A few weeks ago, she forgot her keys outside. He walked into her house, assaulted her/harassed and than left. She called the police and file charges. To this day he has not been arrested. Now, I know.. why would she go into his house after all of this? I do not know.

Thanks again,
Sounds like a toxic relationship that will end badly for someone if the parties don't grow up...

:(
 

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