Can you steal from your own home?

[daytripper72]

I'm not buying that. And if a group of strangers on an internet message board are doubtful....

You can be doubtful all you want, it's the truth. And this is exactly why I knew this forum would be almost useless once again. If you don't take me at my word, then what good is yours?

Furthermore, it's only "breaking and entering" when there's intent to commit a crime. It's not unlawful entry, cause it's his house.

 

[daytripper72]

But, if the ex wife was the last one to have the house, the ex wife changed the locks and still had maintained control of the property, then the ex wife could theoretically give permission for her mother to go in and out taking what she wished. If she took something that was granted to the hubbie by court order, she might be subject to criminal charges.

In this instance, I would have to say that your friend - the ex hubbie - is the one that face the most likely criminal charges here... provided any are to be had.

Thanks again. He didn't forfeit rights to the house. No one did. It wasn't in the court order. It will be foreclosed in the next 30-60 days.

 

[CdwJava]

Furthermore, it's only "breaking and entering" when there's intent to commit a crime. It's not unlawful entry, cause it's his house.

You are assuming that he still has any legal right to enter the property. I doubt that even in your state landlords (who own a house) can simply put the boot to it if they feel like it. Likewise, when a person who owns a property moves out and gives up practical dominion and control of the property, they generally have no legal right to re-enter.

Now, if hubbie's lawyer said he had the right to FORCE entry and retrieve his property, perhaps his situation falls into the legal side and will allow the matter to be handled in a civil or family court as opposed to a criminal one. But, if the attorney did not have all the details, or, if the attorney was wrong, then he could be in a world of hurt.

Owning a property does not convey by fiat a right to enter.

 

[CdwJava]

Thanks again. He didn't forfeit rights to the house. No one did. It wasn't in the court order. It will be foreclosed in the next 30-60 days.

How long had he been out? Had he returned his house keys to her? Had he relinquished control over any of the bills for the house?

All of these things could be taken into consideration.

Again, I think this will most likely fall into the realm of a civil matter but the ex hubbie and each of you that participated in this should be alert for possible charges and be ready to speak with your own attorneys (not his) should the police come calling or should the DA issue summonses or warrants.

 

[daytripper72]

You are assuming that he still has any legal right to enter the property. I doubt that even in your state landlords (who own a house) can simply put the boot to it if they feel like it. Likewise, when a person who owns a property moves out and gives up practical dominion and control of the property, they generally have no legal right to re-enter.

Now, if hubbie's lawyer said he had the right to FORCE entry and retrieve his property, perhaps his situation falls into the legal side and will allow the matter to be handled in a civil or family court as opposed to a criminal one. But, if the attorney did not have all the details, or, if the attorney was wrong, then he could be in a world of hurt.

Owning a property does not convey by fiat a right to enter.

Yeah I don't know. I doubt he okay'd the right to force entry. I didn't want him to do it but I couldn't do much about it.

 

[daytripper72]

How long had he been out? Had he returned his house keys to her? Had he relinquished control over any of the bills for the house?

All of these things could be taken into consideration.

Again, I think this will most likely fall into the realm of a civil matter but the ex hubbie and each of you that participated in this should be alert for possible charges and be ready to speak with your own attorneys (not his) should the police come calling or should the DA issue summonses or warrants.

He's been out for nine months, she's been out for maybe four or five. I don't know about the all the bills, but the water was shut off. I think the electricity worked tho. He had the keys, she changed the locks and/or replaced an entire door. In any case, I think his attorney will speak up for him, for whatever it's worth.

 

[Ohiogal]

He's been out for nine months, she's been out for maybe four or five. I don't know about the all the bills, but the water was shut off. I think the electricity worked tho. He had the keys, she changed the locks and/or replaced an entire door. In any case, I think his attorney will speak up for him, for whatever it's worth.

He did NOT have the keys or he would NOT have had to kick in the door. He did not have permission of the person with the keys. While it is still the marital residence that does NOT mean he had the right to destroy things or take along a gang to remove items. He should have gone through Civil Court. If the attorney said it was all arranged -- well guess what, the attorney should have been called when owner arrived at the house and the door was locked and he didn't have the key.