retrieving property from marital home

What is the name of your state? florida

im about to leave my husband next week, but due to the circumstances i wont be able to take my and my children's things at the same time. im hoping to have relatives go to the house to get them, but im afraid he will forbid it to spite me.

even though he has abusive tendancies i dont fear for my life, and thus am not afraid to go to the house myself to get my things if i have to.

i hope the landlord will give me an extra key to the house, or if not i guess ill have to enter thru a window.

either way, i have a couple questions.

can my husband call the police and have me arrested for tresspassing, in his effort to deny me my things?

can i call and request a police officer to come and stay with me at the house while i get my stuff, so my husband doesnt do anything against me?

silvermoon said:

can my husband call the police and have me arrested for tresspassing, in his effort to deny me my things?

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He can certainly call the police but when they show up and you present your proof that you LIVE there... no trespassing.

can i call and request a police officer to come and stay with me at the house while i get my stuff, so my husband doesnt do anything against me?

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Absolutely. That is what is recommended in a situation like this.

Actually, you really should find a way to take your things with you when you leave. A co-worker's husband threw everything she owned outside in the front yard, during a thunderstorm.

DO NOT gain entry by going thru the window, you can actually be arrested for breaking and entering your own home. ( I accidently locked myself out one time, as I was crawling thru my window an officer came up and explained it all to me)

I agree with the other poster, don't leave until you can take your belongings with you.

silvermoon said:

What is the name of your state? florida

im about to leave my husband next week, but due to the circumstances i wont be able to take my and my children's things at the same time. im hoping to have relatives go to the house to get them, but im afraid he will forbid it to spite me.

Relatives entering the home could conceivably be charged with breaking and entering since they don't live there. They can be charged even if they have a key.

even though he has abusive tendancies i dont fear for my life, and thus am not afraid to go to the house myself to get my things if i have to.

Abusive people will likely escalate in situations like this. Don't take that chance.

i hope the landlord will give me an extra key to the house, or if not i guess ill have to enter thru a window.

Why don't you have your own key?

either way, i have a couple questions.

can my husband call the police and have me arrested for tresspassing, in his effort to deny me my things?

Probably not.

can i call and request a police officer to come and stay with me at the house while i get my stuff, so my husband doesnt do anything against me?

In some areas, the police might not do this. You need to find out before you leave if this is possible. If they say no, the local Sheriff might.

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You really do need to take your things with you. Anything you don't want to lose - ie sentimental items. You cannot predict what will happen. He might throw your things away. He might give them away. He might destroy them. NEVER underestimate what the opposing party might do in a divorce. ESPECIALLY if they are abusive.

Have you made copies of ALL of your financial information? That is especially important. Tax returns, bank accounts statements, investments, paycheck stubs, investment statements, 401k statements, credit card statements, loan papers, etc etc etc. If you don't walk out the door with them, you will have to pay your attorney to subpoena them. Even then, things you might not know about could be withheld. This is illegal, but if you don't know about, say, a secret bank account, and he doesn't tell his lawyer about it, you're out of luck. (Unless you want to hire a forensic accountant...very expensive.) I was surprised at a few of the things I found while gathering financials.

Also cancel any joint credit cards, and get your name off of any of them that have him as the account holder but you as having signing priveledges. He could run those credit cards up, and even if it's obvious he did it out of spite, YOU will still be jointly responsible. ie, if he doesn't pay on them, the cc company will come after you, and your credit can be severely hurt or ruined.

I hope you are not planning on leaving the state with your children. That can be considered kidnapping from what I've read.

according to my atty. either parent can take the kids whereever, so long long as custody has not yet been filed.

ill be taking the kids to my family in another state, where the atty. will file for temporary emergency jurisdiction, because i have no family or friends in FL, but my husband has plenty of friends, thus it would be much easier for him to abduct them back to his country.

i have all my important papers together, and as much clothes as i can pack, but i cant take everything else when i go.

by the way, how in the heck can you get busted for breaking into your own home??? that's stupid. what am i gonna do? steal my sofa from the living room and hide it in the bedroom?

silvermoon said:

according to my atty. either parent can take the kids whereever, so long long as custody has not yet been filed.

ill be taking the kids to my family in another state, where the atty. will file for temporary emergency jurisdiction, because i have no family or friends in FL, but my husband has plenty of friends, thus it would be much easier for him to abduct them back to his country.

i have all my important papers together, and as much clothes as i can pack, but i cant take everything else when i go.

by the way, how in the heck can you get busted for breaking into your own home??? that's stupid. what am i gonna do? steal my sofa from the living room and hide it in the bedroom?

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Normally, its a bad idea to remove the children from the state....that generally puts you at a big risk of losing custody to the other parent, or of a judge ordering you to return to the jurisdiction with the children.

Your case is a little different, so you should go by your attorney's advice on that issue. Your attorney is a better judge of what is or isn't appropriate in your case.

LdiJ said:

Actually, you really should find a way to take your things with you when you leave. A co-worker's husband threw everything she owned outside in the front yard, during a thunderstorm.

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I hope he was smart enough to attach the TV antenna wire to something metal for her.

Gracie3787 said:

DO NOT gain entry by going thru the window, you can actually be arrested for breaking and entering your own home. ( I accidently locked myself out one time, as I was crawling thru my window an officer came up and explained it all to me)

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ROTFLMAO!!
Did the officer award you with his 'naive of the month' award??
Of course you cannot be arrested for 'breaking and entering' your own home... unless you sign the criminal complaint on yourself!!!