Can I retrieve my belongings ???

[cwschultz32]

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

Can I go to the home me and my spouse occupied and lived in together and I am primary on the loan and get my belongings?? There is no divorce in process yet and they are in jail and the home is in foreclosure. The home is still considered there place of residence.

 

[mistoffolees]

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

Can I go to the home me and my spouse occupied and lived in together and I am primary on the loan and get my belongings?? There is no divorce in process yet and they are in jail and the home is in foreclosure. The home is still considered there place of residence.

Who is they?

If there is a court order in effect (restraining order, personal possession of the home, etc), then you must follow it.

Otherwise, i don't see any reason you can't go get your things. Note, however, that if the items are marital property, you shouldn't take them. Stick to things that are clearly your personal property. If there's some item of marital property that you absolutely must take for some reason, you will still have to account for its value in the divorce.

 

[justalayman]

Who is they?
.

It sounds like a Mormon marriage to me. OP is a spouse yet "they" (referring to OP's spouse and some other entity) are still listed as residents of that home and "they" are in jail (which would tend to preclude the "they" being the spouse and children).

While I don't totally disagree with the possibility of OP having a right to enter the home, without some clarification to the situation, I am very hesitant to suggest entry.


I suspect OP's spouse was shacking up with a paramour and both the spouse and paramour got busted and are in jail. If the OP relinquished residency, I would not suggest entering the house without a better description of the situation.

 

[mistoffolees]

It sounds like a Mormon marriage to me. OP is a spouse yet "they" (referring to OP's spouse and some other entity) are still listed as residents of that home and "they" are in jail (which would tend to preclude the "they" being the spouse and children).

While I don't totally disagree with the possibility of OP having a right to enter the home, without some clarification to the situation, I am very hesitant to suggest entry.


I suspect OP's spouse was shacking up with a paramour and both the spouse and paramour got busted and are in jail. If the OP relinquished residency, I would not suggest entering the house without a better description of the situation.

Certainly more information would help, but it was the marital home. Even if OP left for a while, he can still come back.

 

[cwschultz32]

It sounds like a Mormon marriage to me. OP is a spouse yet "they" (referring to OP's spouse and some other entity) are still listed as residents of that home and "they" are in jail (which would tend to preclude the "they" being the spouse and children).

While I don't totally disagree with the possibility of OP having a right to enter the home, without some clarification to the situation, I am very hesitant to suggest entry.


I suspect OP's spouse was shacking up with a paramour and both the spouse and paramour got busted and are in jail. If the OP relinquished residency, I would not suggest entering the house without a better description of the situation.

They referred to are just a spouse no one else. All of my personal belongings have been getting taken or removed from the residence. I no longer reside at the residence and quite some time back I quick claim deeded the house over to them. Recently in July I left the home and could not get to my belongings.

 

[justalayman]

Certainly more information would help, but it was the marital home. Even if OP left for a while, he can still come back.

depends. If he relinquished residency, no, he cannot simply come back anytime he wants to.

 

[ecmst12]

The term is "quit claim" and it means you no longer own the house nor do you have any right to enter.

 

[justalayman]

They referred to are just a spouse no one else. All of my personal belongings have been getting taken or removed from the residence. I no longer reside at the residence and quite some time back I quick claim deeded the house over to them. Recently in July I left the home and could not get to my belongings.

concur with ecmst12.



you gave up any claim of ownership with the quit claim. Doing so and remaining liable for the mortgage loan was not a brilliant move.

Since you moved out in July as well as relinquished any rights of ownership, you have no right to enter the house without permission from your spouse or a court. You would be committing a crime by entering.


and there is a real problem with referring to "just a spouse and nobody else" as "they" as well as referring it as "there[sic] residence"

They and their are plural pronouns. He, she, it, his, hers, and its, are singular.

 

[mistoffolees]

concur with ecmst12.



you gave up any claim of ownership with the quit claim. Doing so and remaining liable for the mortgage loan was not a brilliant move.

Since you moved out in July as well as relinquished any rights of ownership, you have no right to enter the house without permission from your spouse or a court. You would be committing a crime by entering.


and there is a real problem with referring to "just a spouse and nobody else" as "they" as well as referring it as "there[sic] residence"

They and their are plural pronouns. He, she, it, his, hers, and its, are singular.

Yep. I agree all around.

Now, if you can prove that the belongings are yours or that they're marital property, your ex will have to account for them in a divorce.

 

[cwschultz32]

Yep. I agree all around.

Now, if you can prove that the belongings are yours or that they're marital property, your ex will have to account for them in a divorce.

What would be the criminal charge for that?

 

[justalayman]

What would be the criminal charge for that?

for what?

A divorce is a civil action.

 

[cwschultz32]

For entering a home I'm still on the mortgage for. But there was a quit claim deed filed on. I don't understand how that can be able to be done with a mortgage I'm still on.

 

[justalayman]

the mortgage and ownership are two totally different things. Just because you owe for the mortgage loan does not mean you have any rights of ownership or possession of the home. As I said previously, it was not a wise thing to do by signing away your rights of ownership while remaining liable for the mortgage.

but regardless of that discussion:

you have no rights to enter the home. Doing so would be trespassing or breaking and entering and subject you to the punishment for the crime. If you take something that is not yours, it is theft. Depending on the value, it could be a felony.

Taking something that is marital property can be a problem as well. You do not get to unilaterally determine what you own and what your spouse owns. The ownership is shared and when you take such property, you are basically stealing her share of it. Again, not someplace you want to be.