Domestic criminal trespass


#1

Stephen36nc,

Your wife may file an action for equitable distribution of the property, and ask the court for an interim distribution of the property. At that time, a court may allow her to retrieve certain items from the house that she has proven to the court are her separate property, or marital property that a court feels she is entitled to. However, that will not happen overnight. She would have to file a complaint, you would have time to answer the complaint and file your own counterclaims, and a court date would have to be set. The way you prevent her from getting any of the property is to prove to the court that the heirlooms are your separate property. Talk to your attorney about these issues.

I hope that helps!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My wife left our home and had her mail forwared to her mothers where she will reside until we settle our divorce. She has threatened to remove items that belong to me, family heirlooms, and our pets unless I comply with her wishes as far as a property settlement. My attorney advised me to send registered letters to my wife and her parents warning them not to come on to our property or be faced with a charge of domestic criminal trespassing. I did this and have the reciepts where the letters were signed for. My fear is that she can get some type of court order to come into our home and remove those items claiming they are hers and I will be powerless to stop her. I’ve heard her attorney is very agressive and will use every trick in the book to win a case. What do I need to do to combat this? Can I get an order to stop her from doing this before it happens? Please advise, my attorney is tied up in court and I need advice before its too late.