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lock change/items wanted

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payyourcs

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

I am in the beggining stages of yet another divorce that ended due to an affair on my spouses part. He is putting the house up for short sale. I moved out of the home and left the hottub and my snow mobile there as I could not take it the day I left. That was in June. I notified him by email that I could come get those items. His response was I left them there so they are his. The real estate agent ask me if I would not pursue them until the house is sold.
Would it be illegal of me to just go and take them? I want to do this the right way without getting into trouble with the law. The snow mobile is still in one of our friends names and I don't want to drag them into this by asking for their help. The hottub was purchased for my medical problems and it is on our tax return as such. Any advise would be much appreciated. We have not started with any divorce/legal papers yet.
 


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Confused Tx Dad

Junior Member
payyourcs said:
What is the name of your state (only U.S. law)? WA

Would it be illegal of me to just go and take them? I want to do this the right way without getting into trouble with the law. The snow mobile is still in one of our friends names and I don't want to drag them into this by asking for their help. The hottub was purchased for my medical problems and it is on our tax return as such. Any advise would be much appreciated. We have not started with any divorce/legal papers yet.
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I am by no stretch of the imagination an expert on law, but if no one has filed for divorce and there is no temporary orders dictating who had access to what, you have as much access to both the house and the items inside the house as he.

I'd get a couple of friends with a truck and go to the house while he is at work and get whatever you want. As an added surprise for him, leave a friendly note on the table telling him what you've taken and list the approximate value of each item. Keep a copy for yourself because you will need it later in court when assets are distributed.
 
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Confused Tx Dad

Junior Member
almost forgot, if you can, have a locksmith meet you to open the door. You can just tell them you locked your keys inside [if you feel compelled to give them a reason why they're needed]. If that address is still on your drivers license, should be no questions asked.
 
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mistoffolees

Senior Member
Confused Tx Dad said:
I am by no stretch of the imagination an expert on law, but if no one has filed for divorce and there is no temporary orders dictating who had access to what, you have as much access to both the house and the items inside the house as he.

I'd get a couple of friends with a truck and go to the house while he is at work and get whatever you want. As an added surprise for him, leave a friendly note on the table telling him what you've taken and list the approximate value of each item. Keep a copy for yourself because you will need it later in court when assets are distributed.
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Note, however, that values as far as asset distribution is concerned would be fair market value, not purchase price or even depreciated purchase price. That is, what would it cost to buy a similar item on the free market (thrift market, Craigslist, garage sales, etc). In general, these values are lower than most people might think.
 
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payyourcs

Member
What if he calls the police? Will I be the one in trouble since I moved out in June? I just don't want any hassles of being in the wrong.
 
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mistoffolees

Senior Member
payyourcs said:
What if he calls the police? Will I be the one in trouble since I moved out in June? I just don't want any hassles of being in the wrong.
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It's the marital homestead until the court rules otherwise. Bring along your drivers' license or other documents that show you live at that address in case the police are called.
 
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payyourcs

Member
Alls I have are bills that showing that house as my address. We moved into it 2 years ago and my license just has it hand written on the back as I changed my address on line with DOT. You don't think the cops would tell me to leave the items at the house until I get a court document showing I can remove them given the fact that I did move out of the home?
 
LdiJ

LdiJ

Senior Member
payyourcs said:
Alls I have are bills that showing that house as my address. We moved into it 2 years ago and my license just has it hand written on the back as I changed my address on line with DOT. You don't think the cops would tell me to leave the items at the house until I get a court document showing I can remove them given the fact that I did move out of the home?
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I bet if you go online you can print something out from the DOT showing that its your address of record.
 
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mistoffolees

Senior Member
payyourcs said:
Alls I have are bills that showing that house as my address. We moved into it 2 years ago and my license just has it hand written on the back as I changed my address on line with DOT. You don't think the cops would tell me to leave the items at the house until I get a court document showing I can remove them given the fact that I did move out of the home?
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Could some particular police officer make trouble for you? Sure. But proper policy would be for them to leave you alone as soon as you show them evidence that it's your address.

If you're really worried about it, you can go to court to get an order to have the items released, but plan on spending quite a bit of time and money to do so.
 
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payyourcs

Member
Thank you for your words. I just don't want to get in trouble so I thought I'd get some advise. I am trying to avoid taking him to court but if I have to then I will. Your advise is helpfull thanks again!
 
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nextwife

Senior Member
Is there a loan on the hot tub? Was a UCC Fixture filing done that is still open? If so, you cannot just remove the "fixture" without lender approval, and the lender removing the ucc and refiling it at the current location. Is it hard wired and installed/attached to the real estate? What damage would removing it do to the real estate, now that it is attached? Is it inside or out, etc.
 
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payyourcs

Member
No loan on the hottub. It is outside on a patio we built for it. It is not included in the sale of the house. We wired it so that there is a breaker box within 10 feet of it. Just have to drain it and take it. The problem is, he parks his work truck by the gate we need access to. So I could only do it while he is at work. My snowmobile is inside the garage which I don't have access to since he changed the locks on the house after I moved out. He got tired of me dropping of his items while he was not home and taking items I left there.
But no, we paid for the hottub outright pretty much (credit card and 401k money paid for it). IF the hottub was taken there would just be an empty patio spot off the deck where it sits.
 
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