Not divorced and no legal separation filed - property question

[fulanodetal]

What is the name of your state? Texas

Divorce is pending and Spouse has been holding my property in a storage unit(in Spouse's name). I have made all of the payments on the unit.
The contents of the unit are family heirlooms belonging to my parents.
On my most recent visit to the unit I discovered that the lock had been changed. Since we are still married, would it be legal for me to forcefully remove the lock to gain access to my belongings?

 

[HRZ]

Texas is a community property state, right?

Many a padlock is easy to defeat ...try Utube and that specific brand . And with some brands it's not hard to get another identical lock that uses same key ..



What is the point of holding some of your separate property hostage? That's playground bully stuff. I doubt if gifts or inherited stuff from parents is community property.

THere may be bigger issues you are not posting....and while to go get your own stuff is not illegal I suspect it will pour fuel on a fire . PIck your fights with care .

 

[Eekamouse]

What is the name of your state? Texas

Divorce is pending and Spouse has been holding my property in a storage unit(in Spouse's name). I have made all of the payments on the unit.
The contents of the unit are family heirlooms belonging to my parents.
On my most recent visit to the unit I discovered that the lock had been changed. Since we are still married, would it be legal for me to forcefully remove the lock to gain access to my belongings?

If your name is not on the storage lease, you have no right to access the unit. It doesn't matter if your things are inside that unit. The unit belongs to your spouse alone.

 

[Zigner]

THere may be bigger issues you are not posting....and while to go get your own stuff is not illegal I suspect it will pour fuel on a fire . PIck your fights with care .

I disagree - the OP would be trespassing if s/he just went to get the stuff.

 

[Eekamouse]

If your name is not on the storage lease, you have no right to access the unit. It doesn't matter if your things are inside that unit. The unit belongs to your spouse alone.

And just to be clear, it doesn't matter if you've made all the rent payments. It's still not your unit and paying the rent on it gives you no rights to it. Only the lease holder has rights to enter it or to close the rental unit out. Your best bet is to make nice with your STBX and persuade him or her to allow you access to remove your belongings. You cannot go in to the facility with a drill to take off the lock or bolt cutters. You could wind up in serious trouble doing something like that.

 

[LdiJ]

And just to be clear, it doesn't matter if you've made all the rent payments. It's still not your unit and paying the rent on it gives you no rights to it. Only the lease holder has rights to enter it or to close the rental unit out. Your best bet is to make nice with your STBX and persuade him or her to allow you access to remove your belongings. You cannot go in to the facility with a drill to take off the lock or bolt cutters. You could wind up in serious trouble doing something like that.

Texas is a community property state.

 

[Zigner]

Texas is a community property state.

Yes, that was previously stated. It doesn't change the fact that the OP can't go on to the private property of a 3rd party to retrieve items.

 

[LdiJ]

Yes, that was previously stated. It doesn't change the fact that the OP can't go on to the private property of a 3rd party to retrieve items.

Its a storage unit. So, its private property with public access. The storage unit is paid for with community funds and is therefore community property.

 

[Zigner]

Its a storage unit. So, its private property with public access. The storage unit is paid for with community funds and is therefore community property.

...here we go again.

The OWNERS of the PROPERTY have not given PERMISSION to the OP to BREAK IN TO a unit (nor to even be on their property in the first place.)

 

[HRZ]

i don't know your local details ....but anybody with the access code could enter the storage facility where I rent space ....

 

[t74]

Some TX storage leases have a place to specify others with the rights to enter the unit even though they are not the renter of record. OP should check with the manager of the storage unit to determine if he is mentioned on the lease.

 

[LdiJ]

OP, who provided the original lock? Is it a simple padlock or is it something more sophisticated than that?

 

[Zigner]

OP, who provided the original lock? Is it a simple padlock or is it something more sophisticated than that?

...not that it matters in the slightest, of course.

 

[Zigner]

i don't know your local details ....but anybody with the access code could enter the storage facility where I rent space ....

Right...and those without it cannot. Thus, it's not "open to the public" as was claimed above.
Also, just because you can get on the property doesn't mean that you're allowed to break in to storage units.

 

[LdiJ]

...not that it matters in the slightest, of course.

It does if she put the original lock on it.