am i entitled to my things

[amyaberdeen]

i left my husband a year ago was married to him for 18 years i finally had enough of his BS i left with the clothes on my back and nothin else.my daughter had told me he is away to oz for 17 days which i think is a cheek considering he owes me 3 grand on my credit card for a buisness that never got of the ground if my daughter gave me the keys can i go in the house and get all my things even my furniture i have tried 3 time wi th solicoters letter to collect my things but he never kept his word and i got nothing

[R1Geezer]

Legally no.

[wizard]

Do you both have joint ownership of the property? If not, who owns/rents it?

If you have no entitlement to the property then the only way you would be able to legally gain access to the property is by court intervention, i.e. bailiffs.

If you go ahead and go in anyway, you will be committing an act of burglary.

[ummmm]

R1...without the facts your answer is useless.

[bednobs]

also, i know you haven't asked this but it might be an idea to consider what kind of relationship your daughter will have with her father when he realises she has given you the key

[usathome]

Why is this post in 2 topics? Im confused and it doesnt take much for that to happen,
amyaberdeen you have other comments in your other thread!

[amyaberdeen]

i was told to put on 2 places.... the house was bought after we were married so i am intitled to half the house but the house has bin reposesed so he is just stayin there till its sold so i need to get my things before he moves out cos he will take everything in the house with him and its not his. its my daughter not his she stays there because its her home and i moved out but when he get thrown out the house she will not be with him she will need to fine another place to stay she 19 so she is old enough to look after herself.

[KikiTiger]

If the house has been repossessed it doesnt belong to either of you, so if you went in you could be arrested for burglary. However, you'd have to be caught, so personally I'd go in and get my stuff.

[RATTER15]

Go in and get it!!!

[NoMercy]

Providing you do not upset, disturb or remove any of his property, there is no law that would permit you from repossessing your belongings, providing you can prove that they belong, exclusively, to you. If this means entering the property, without breaking in, so be it.

[Andyvon]

I'm presuming the house is the family home you lived in before you left Amy? I'm no legal expert but in that case surely you own half the house and you have every right to enter and collect your things. If the house was purchased by your husband after you split up, then you can't enter his home without his permission.

Either way, you will only really be in trouble if you break or damage anything or break in to gain entry. I'm sure if you pursue the legal route your husband will have to respond. It always seems a long and painful process but I think the legal route is your only real option. Good luck.

[fredpuli47]

It won't be burglary because there's no intent to steal, the property inside being yours or reasonably believed by you to be yours. Indeed you have an action in the tort of conversion if he is retaining your property in this manner and stopping you from getting it, but this is more theoretical than realistic.The court route is the best when a wife has left in this manner.
There is perhaps another route, which I have witnessed happening. A friend left her partner, They were not married. He was being obstructive and didn't want her in his,solely-owned, house, even to collect her own property. The police had a family liaison officer, or some such title. She arranged with the partner to be visited by police officers and my friend. My friend did not go in, but relayed instructions to the officers as to what to fetch and where it was and they brought it out to our cars. Subject to the amount and extent of the removal, I expect,this process would be applied in other cases.