is it breaking and entering?

[suesue22]

What is the name of your state? Tennessee

My cousin and his wife are currently getting a divorce. They have a 9 y/o daughter. His wife was caught cheating on him in their house back in June. She left the house and got an apartment with her new boyfriend. After the first court date, her boyfriend was ordered not to be around their child.

My cousin works on a ship out of the country for 5 weeks and then home for 5 weeks. He just came home this week and upon entering the house he realized that there were things missing. Food in the freezers were gone, the dvd's, dvd players, xbox, ps2, ps3, games...mainly electronics. He called his father and asked if he had noticed anything strange because his father takes care of the dogs when he's at work. He said that one day while he was feeding the dogs out back, he came inside and she was exiting the bedroom. She doesnt have a key to the house anymore because she has her own place. What she actually did was unlock the window so she could get in later. She came back later and had their DAUGHTER climb in the window and open the door so they could take the stuff.

I'm just curious if this is legal? He filed a police report and they said they couldn't press charges b/c they are still married. But if that's the case then he could break into her house and steal the stuff back right? I'm just curious if it's even legal for her to break into the house and "steal" the stuff anyway. Any help would be appreciated. Thanks

 

[nextwife]

Are there any court orders awarding him sole use of the marital residence?

Who owns the property?

 

[suesue22]

The house was purchased after they were married. He put the down payment and such. The items she took however were his that he brought into the marriage. Nothing has been set yet except custody of their child. Because of his work schedule, and her laywers schedule, the first court date isn't even set until next month. This has been dragging on since June. But she LEFT the house....how would she have the right to break into the house because she doesn't have a key and take things? Would legally he have the right to do that at her house because it was gained while during the marriage.

 

[Ozark_Sophist]

Unless the property she is in is also a marital residence, he could not go and 'steal' the stuff back.

 

[CJane]

If they've been married for 9 years, I would just like to say that there's no way he brought all of the electronics with.

 

[suesue22]

Then what can he do to keep from being ripped off in this whole situation. She's already killed him by bringing another man into HIS bed and sleeping with him with their daughter in the next room. Now she can just take everything he's paid for??? How is this fair to him??? They have seperate accounts and everything electronic wise was paid for through his account. so how can he stop her from ruining him??

They have been married for only 2 years. Her daughter was from high school relationship but he adopted her last year.

 

[Ozark_Sophist]

Storage unit for valuables until he is granted exclusive possession of the home and contents by a judge.