Is it legal to enter a home to retrieve personal items after a marriage separation? No divorce filed, still paying the bills.

[Luv2hvfun14]

My friend wants to get the rest of his property. He has been paying all the bills including his mortage. She says no, with stipulations. She is threating to sell his music stuff. What can he do? This is in Washingto state.

 

[LdiJ]

Yes, he can enter the marital home to retrieve his personal belongings. However, he cannot use force to do so without risking getting the police involved and possibly ending up arrested for domestic violence. Therefore, he might want to ask the police to do a civil standby to assure that nothing gets out of hand.

 

[HRZ]

HE may also be foolish to vacate the marital home without first getting legal counsel.

I agree he needs to be most careful not to give spouse a window to claim domestic violence ...but that knife can cut both ways ...if he is in the marital home and she flies off the handle with threats and violence , he might get her arrested for DV and a protective order which bars her from the marital home!

IT is unwise to play by rules dictated by ones adversary .

Wiser to get counsel PRONTO.

 

[NeilTheCop]

This used to be a regular thing when we were called for a 'standby' if it had been approved by a superior officer.
We would make sure both parties were at the house together and for each item the person taking the property would say "That's mine", and as long as the other party agreed it was removed. If the other party argued the item stayed because it wasn't up to us to determine who owned what.
All of this was audio recorded and documented so there were no arguments if in future someone changed their mind.
Check if your local PD does standby's.

 

[HRZ]

WA is a community property state...so identification of " my property" may tax the wisdom of Solomon.

IT makes dubious sense to allow ones adversary full use of a very valuable asset and pay all the bills as well, absent some paid legal advice secured by OP's
" friend."

 

[Zigner]

IT makes dubious sense to allow ones adversary full use of a very valuable asset and pay all the bills as well, absent some paid legal advice secured by OP's
" friend."

Perhaps the person is contractually obligated (with the utility and/or the lender) to pay those bills.

 

[LdiJ]

Perhaps the person is contractually obligated (with the utility and/or the lender) to pay those bills.

Yep, it would be certainly unwise to stop paying bills that one is contractually obligated to pay.

 

[adjusterjack]

What can he do?

He can file for divorce ASAP. The preliminary injunction contained with the service of the petition should prevent disposing of anything before the court sorts it out, or provide for penalties if the injunction is not complied with.

He would be foolish to remain "separated" without being proactive about divorce.

 

[HRZ]

That does not rule out that the other person is not also obligated to pay the bills, especially in a community property state ..OPs friend remains foolish not to get solid legal counsel about his specific options .

 

[LdiJ]

That does not rule out that the other person is not also obligated to pay the bills, especially in a community property state ..OPs friend remains foolish not to get solid legal counsel about his specific options .

Yes, but if the other person does not pay them, or cannot pay them, then the original person would tank their own credit score by not paying the bills. That would be foolish.

 

[adjusterjack]

Yes, but if the other person does not pay them, or cannot pay them, then the original person would tank their own credit score by not paying the bills. That would be foolish.

There is a risk of that even after the divorce is final and one party gets "awarded" the joint debt.

 

[LdiJ]

There is a risk of that even after the divorce is final and one party gets "awarded" the joint debt.

That is true as well. However I am big into being smart about that. I kept all of the joint debt, but I also kept more marital assets to offset keeping all of the joint debt.

 

[Luv2hvfun14]

The one in the house does not care about rules or paperwork. She would sell or distroy items anyway. He just wants to get the rest of his stuff. She is holding with conditions. Thanks

 

[HRZ]

One cannot eat ones credit score ...and sometimes it just may make sense to force the bill paying issues ...and it makes sense to get counsel. Quite frankly he might be smart to move back in what is his own home . She does not get to set unilateral conditions about use of the marital home unless he lets her ...his wimp factor is showing? He needs to grow a spine and retain counsel

 

[not2cleverRed]

The one in the house does not care about rules or paperwork. She would sell or distroy items anyway. He just wants to get the rest of his stuff. She is holding with conditions. Thanks

Then he should file for divorce, etc., as adjusterjack wisely advised. She can try and counter in court with her "conditions", and if those "conditions" are unreasonable, she just might have to pound sand.

Furthermore, selling cheap or destroying items might count of as a wasteful dissipation of assets and he can ask that be taken into account when distributing property.

If she cannot/will not pay for the house and associated bills, then the house should be sold and the profits split as part of the divorce agreement.