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  1. #1
    Join Date
    Nov 2006
    Location
    New Mexico
    Posts
    2

    Default Access to the Marital Residence

    This case is in New Mexico. Approximately 6 months ago I filed for divorce. So far, I have been to the Marital Residance 1 time with police assistance, at retrieved 4 bags of clothing. My lawyer filed a petition to retrieve my personal belongings from the marital residence. I now have an order to get my personal things, with police assistance. The police have told me that my husband will have my belongings in the yard, and that I will not be allowed in the home. I just want to know why it states in the order that "the Petitioner is hereby granted access to the marital residence to retrieve her personal belongings as outlined in Exhibit "A" attached hereto" Why can't I go into my home?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Access to the Marital Residence

    Because the police aren't willing to facilitate your entry, and apparently deem it unnecessary. If there is some reason you can't carry out the court's order without entering the home, consider having your lawyer request that the court clarify its order, and specifically order that the police faciitate your entry.

  3. #3
    Join Date
    Nov 2006
    Location
    New Mexico
    Posts
    2

    Default Re: Access to the Marital Residence

    Thank you. My soon-to-be ex-husband had the majority of my personal property on the front yard when I arrived. The police officer told me to make a list of missing items, and I will be allowed to retrieve my items when it the officer can make arrangements him.

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