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-   -   Unlawful entry (https://www.askmehelpdesk.com/showthread.php?t=300331)

  • Jan 7, 2009, 08:16 AM
    jnowlin
    Unlawful entry
    My ex husband has been out of the country for 3 months. His house is completely empty. He has the house for sale. In my court order it states that I have to live in an adjoining county. I am trying to get this modified. I need picture evidence of the empty house. Is there a legal way to do this??
  • Jan 7, 2009, 08:57 AM
    this8384

    For what purpose do you need to live in an adjoining county? Is there a custody issue?
  • Jan 7, 2009, 09:05 AM
    jnowlin

    Yes, I have custody of our 3 kids. Which he hasn't seen since October. His goal is to keep me here where I have no help or support with the kids, and he intends to travel and stay away.
  • Jan 7, 2009, 09:10 AM
    this8384

    Then yes, get pictures of the house. Don't enter it because that may turn into more of a legal headache than you want. If your husband requested that you stay in an adjoining county but then chose to move, I would definitely file to have that part of the agreement amended; he can't very well expect you to uproot the children every time he decides to buy a new home.
  • Jan 7, 2009, 09:17 AM
    jnowlin
    He hasn't moved yet. But he has sold everything in the house. I just don't know how I can get pics of house legally?? What he plans to do is buy a small house in the county adjoining mine, but not live there. But, in order to keep me here, he has to own a home in the adjoining county. I wonder if this could be used as a reason to modify?
    Thanks for your help!
  • Jan 7, 2009, 09:50 AM
    this8384

    I'm not sure what you're asking anymore. If he isn't planning on asking you to move, why do you want the order modified?
  • Jan 7, 2009, 09:51 AM
    Fr_Chuck

    Hire a private dect, they have many methods to provide you with photos.
  • Jan 7, 2009, 09:54 AM
    jnowlin

    I was asking how to legally take pics of his empty house. I am wanting to move to where my family is. But, under the order I have to live in adjoining counties. I want to know if I can get the decree changed by showing that he no longer lives in his home, but still owns it.
  • Jan 7, 2009, 10:00 AM
    JudyKayTee
    Quote:

    Originally Posted by jnowlin View Post
    I was asking how to legally take pics of his empty house. I am wanting to move to where my family is. But, under the order I have to live in adjoining counties. I want to know if I can get the decree changed by showing that he no longer lives in his home, but still owns it.



    The house? The empty rooms? I don't now what you are looking to get photos of.

    If you are supposed to stay away, then stay away. Hire someone with a license to take the photos. That person, if approached by the Police, has a reason to be there. Not saying that person won't be escorted off the property but he/she will not be arrested. You might.
  • Jan 7, 2009, 11:55 AM
    this8384
    Quote:

    Originally Posted by JudyKayTee View Post
    The house? The empty rooms? I don't now what you are looking to get photos of.

    If you are supposed to stay away, then stay away. Hire someone with a license to take the photos. That person, if approached by the Police, has a reason to be there. Not saying that person won't be escorted off the property but he/she will not be arrested. You might.

    I don't think it's that she has to stay away; I think her ex wants her to stay close by for easier access to the kids. That's what I'm getting from it, anyway.

    Assuming this is part of a divorce agreement, you need to submit your intent to move to the court. If your ex wants to fight it, then let him.
  • Jan 7, 2009, 01:09 PM
    JudyKayTee
    Quote:

    Originally Posted by this8384 View Post
    I don't think it's that she has to stay away; I think her ex wants her to stay close by for easier access to the kids. That's what I'm getting from it, anyway.

    Assuming this is part of a divorce agreement, you need to submit your intent to move to the court. If your ex wants to fight it, then let him.



    No, I meant stay away from the house. She wants to know how to legally get photos of the house and I don't know if she's talking inside, outside. I'm guessing that if she's asking she's not supposed to be there.

    I agree as far as moving away and getting Court permission.
  • Jan 7, 2009, 01:14 PM
    ScottGem

    Do you see mail piled up in front of the house? Newspapers? Send a certified letter to the address and see if the PO forwards it. If you know of magazines he gets check to see if he changes the address.
  • Jan 7, 2009, 01:20 PM
    jnowlin
    I need pictures of the inside of the house to show that it is empty.
  • Jan 7, 2009, 01:21 PM
    JudyKayTee
    Quote:

    Originally Posted by jnowlin View Post
    I need pictures of the inside of the house to show that it is empty.



    Then go back to what I posted originally - investigators routinely take photos through windows, ask neighbors if people are gone "forever," won't be arrested for being on the property.
  • Jan 7, 2009, 03:04 PM
    cdad

    Since he has the house for sale have you tried looking over the net to see if its in the MLS ( multiple listing service ). Many times when selling a home they take pictures of both the inside and outside and post them with the MLS.
  • Jan 8, 2009, 06:39 AM
    ScottGem

    If he has the house for sale, have a friend go look at it and take pics. But I disagree that you need pics of an empty house as your proof. There are other ways as I suggested.
  • Jan 8, 2009, 06:55 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem View Post
    If he has the house for sale, have a friend go look at it and take pics. But I disagree that you need pics of an empty house as your proof. There are other ways as I suggested.


    Now that it's a whole new day - and I have refreshed eyes - I don't think I understand the legal need for proof that the house is empty and think a Motion to modify will fail.

    The fact that it is or is not empty does not mean the "ex" is not coming back to the County and as I understand it the Order requires OP to live in a contiguous County. I see a modificiation IF the "ex" establishes residence in another County but I see this particularly empty (or not empty) house as meaningless at this time.

    For example, if I am required to live in X School District and put my house in X School District up for sale (or go on a temporary employment assignment) that does not mean I don't intend to buy another house in X School District or return to my existing house when my temporary assignment is finished.

    I think any attempt to modify the Order is too soon and I see no proof that the "ex" is not coming back to the same County.

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