Wife moves out then breaks back in

[JustinQ]

After I have changed the locks and my wife has moved out for the last 2 1/2 weeks, her and her family, including a off duty police officer, broke in through a window of my house. When I came home everything was pretty much gone. From front room furniture, kitchen table, picture frames, bedroom set, even my other sons toys. If you ask me all of this was suppose to wait until it was finalized through court. The sheriff said what she did was wrong, but in "some way" she was still intitled to it. It's just not very good for her when it comes time for court. He said if it was up to him, he would have arrested her for breaking and entering.

Please let me know what you think about this. Thanks everyone!!!!

[Mr. Knowitall]

Do you have a lawyer? Was there a "status quo" order of any sort, to prevent this type of thing from happening?

[jk]

lacking a court order restricting your wifes use of the marital home, you did not have the authority to change the locks with the intent to lock your spouse out of the house.

Although her breaking in will not bode well for her in court, you locking her out is equally wrong and will not bode well for you in court.

It will look as you were attempting to restrict your spouses access to HER property. What would give you any more rights to possess the property than she would have?

Until a court renders a decision, the property is equally owned by the both of you.

Kind of curious; is this a home that both of you own (or are currently purchasing)? If so, until a court issues a temporary order declaring one or the other temporary rights to sole habitation of the home, she has as much legal right to use the home as you do.

[JustinQ]

Thanks everyone for your replys.

Yes I do have an attorney. At this point he is saying that she did have legal right to her stuff. Because both names were on the house, she can do whatever she wants.

But as for moving out though and breaking back in, it's still not going to look good when it comes to court. I did give her clothes, shoes, etc. The main stuff that she needed. All the rest of the stuff is suppose to wait until we either agree upon or it is decided by the judge.

Thanks!!!!

[jk]

if there was no court order yet, she has every right to the possessions from the house. What would automatically make you keeper of the goods?

Maybe she feared you would sell of the things she took. Who knows.

I did give her clothes, shoes, etc. The main stuff that she needed.

well that was noce of you to decide what she needed and has a right to. As long as she does not sell off the stuff, she really didn;t do anything wrong.

Heck, unless there is a court order preventing it, she could move back in if she wants to.