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  1. #11
    Join Date
    Jun 2014
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    3,082

    Default Re: Can Almost-Ex-Wife Call Cops for Access to Mother's House

    Has she filed a change of address with the post office?

  2. #12
    Join Date
    Oct 2006
    Posts
    15,674

    Default Re: Can Almost-Ex-Wife Call Cops for Access to Mother's House

    Quote Quoting jk
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    But has the wife established another domicile? The wife says no. Leaving the current home itself does not fulfill the requirement. She must actually establish a domicile and so far she is stating she hasnít. If a wife flees due to fear of harm or other issues to escape and doesnít establish an actual domicile, the requirements in the opinion stated donít apply.
    That rationale makes no sense. She has a lease on an apartment in another town. Whether she tries to use the absurd argument that it's just a storage unit or not, its still a domicile.

    given the wife has been allowed to dine with the family I donít see a concern regarding the children as stated in the opinion cited.
    That is kind of irrelevant.


    as to the eavesdropping: it is clearly illegal to intercept the conversations of another without their permission. . It is also illegal to disclose the illegally obtained conversation as well. I donít see how you can even suggest it is far fetched. Can you state a basis under which the eavesdropping would be lawful?


    As to the gps tracking: it can be unlawful. Not enough info to call it here but it isnít wise to walk into court with information that might have been obtained unlawfully. It also depends on what he is using the info for. There are both privacy issues and a concern of possible stalking. Op needs to speak with his attorney about the matter.


    I understand your points budwad but the op is ignoring the possibilities entirely. That isnít a smart move. He has a lawyer and should be addressing these issues with his lawyer who has access to all of the facts at hand.

    And regardless of whether the guy can be prosecuted for either issue: a judge can take offense to the actions and make life difficult for,the op. He needs to be concerned with how the judge views his actions as much as the legality of them.
    All of this is potentially problematic but its not up to us to determine that. The OP needs a consult with a local attorney.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Can Almost-Ex-Wife Call Cops for Access to Mother's House

    Quote Quoting llworking
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    That rationale makes no sense. She has a lease on an apartment in another town. Whether she tries to use the absurd argument that it's just a storage unit or not, its still a domicile.



    That is kind of irrelevant.




    All of this is potentially problematic but its not up to us to determine that. The OP needs a consult with a local attorney.
    youve seen the lease? So far all the op has stated is he believes wife has a lease. He has no proof. Wife has denied having a new domicile. Additionally, you can lease 100 apartments and only one is your domicile. It takes more than a lease to make it a domicile.

    No, allowing the wife into the home is not irrelevant, especially if she invited herself and the op made no objection to entering without permission. If she let herself in and op did not object, it would appear op believes wife has the right to enter the home without permission such as when it is your domicile.


    And ya, if you read my posts you will see I said he needs to address these issues with his attorney.


    So in the end your post provides nothing.

  4. #14
    Join Date
    Oct 2006
    Posts
    15,674

    Default Re: Can Almost-Ex-Wife Call Cops for Access to Mother's House

    Quote Quoting jk
    View Post
    youve seen the lease? So far all the op has stated is he believes wife has a lease. He has no proof. Wife has denied having a new domicile. Additionally, you can lease 100 apartments and only one is your domicile. It takes more than a lease to make it a domicile.

    No, allowing the wife into the home is not irrelevant, especially if she invited herself and the op made no objection to entering without permission. If she let herself in and op did not object, it would appear op believes wife has the right to enter the home without permission such as when it is your domicile.


    And ya, if you read my posts you will see I said he needs to address these issues with his attorney.


    So in the end your post provides nothing.
    I am sorry but you seem to like to argue just to argue, and you come up with some odd rationales. Again, the OP needs to consult an attorney because the advice he is getting here is contradictory and one of us is wrong.

  5. #15
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Can Almost-Ex-Wife Call Cops for Access to Mother's House

    Quote Quoting llworking
    View Post
    I am sorry but you seem to like to argue just to argue, and you come up with some odd rationales. Again, the OP needs to consult an attorney because the advice he is getting here is contradictory and one of us is wrong.

    Im sorry you do not understand the definition of a domicile and how you can rent or own multiple residential units but they may or may not be your domicile.


    And again; I suggested the op speak with his attorney long before you decided you wanted to argue and trying to chastise me by posting a useless post that provided no benefit.

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