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    jnowlin's Avatar
    jnowlin Posts: 7, Reputation: 1
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    #1

    Jan 7, 2009, 08:16 AM
    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??
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 7, 2009, 08:57 AM

    For what purpose do you need to live in an adjoining county? Is there a custody issue?
    jnowlin's Avatar
    jnowlin Posts: 7, Reputation: 1
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    #3

    Jan 7, 2009, 09:05 AM

    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.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Jan 7, 2009, 09:10 AM

    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.
    jnowlin's Avatar
    jnowlin Posts: 7, Reputation: 1
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    #5

    Jan 7, 2009, 09:17 AM
    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!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Jan 7, 2009, 09:50 AM

    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?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jan 7, 2009, 09:51 AM

    Hire a private dect, they have many methods to provide you with photos.
    jnowlin's Avatar
    jnowlin Posts: 7, Reputation: 1
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    #8

    Jan 7, 2009, 09:54 AM

    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jan 7, 2009, 10:00 AM
    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.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #10

    Jan 7, 2009, 11:55 AM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jan 7, 2009, 01:09 PM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jan 7, 2009, 01:14 PM

    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.
    jnowlin's Avatar
    jnowlin Posts: 7, Reputation: 1
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    #13

    Jan 7, 2009, 01:20 PM
    I need pictures of the inside of the house to show that it is empty.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Jan 7, 2009, 01:21 PM
    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.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #15

    Jan 7, 2009, 03:04 PM

    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #16

    Jan 8, 2009, 06:39 AM

    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #17

    Jan 8, 2009, 06:55 AM
    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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