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-   -   Locked out by spouse (https://www.askmehelpdesk.com/showthread.php?t=391594)

  • Aug 29, 2009, 07:42 AM
    POTATOCHIP
    Locked out by spouse
    My wife and I have been renting a property together for about a year. My name has never been added to the lease of the apartment. She also is on section 8, so whenever I moved in to the apartment I had to notify them. Well yesterday I went home and my wife had the locks changed on the door. All my belonging are still in the house. I went to relators informed them of what was going on, and I was told since I am not on the lease they can't do anything. I called the sheriff to assist me in getting my things, they said to call police since we live in the city. City police told me to get in the house the best way I could. Is this legal can she just lock my things up like this and get away with it? What should I do?
  • Aug 29, 2009, 07:49 AM
    jmjoseph
    Contact an attorney. I wouldn't break in like the police recommended. Maybe you could get a friend or famliy member to call first, then go get your things. Sounds like she doesn't want anything to do with you. But you do have a right to get your stuff.
  • Aug 29, 2009, 07:54 AM
    excon
    Quote:

    Originally Posted by POTATOCHIP View Post
    city police told me to get in the house the best way i could. Is this legal can she just lock my things up like this and get away with it? what should I do?

    Hello P:

    I HATE cops. You must've disturbed them at the doughnut shop... Of course, they gave you BAD information... In fact, it's SOOOO bad, that if you followed it, these same cops, with their mouths full of apple fritter, will ARREST your a$$.

    You DO need to get your stuff, however... And, the cops have an OBLIGATION to help you. I would GO to the police station and speak to the captain, if you can find him, or ANYBODY who doesn't have butter cream all over their faces...

    You've been illegally evicted. After you get your things, you can sue your wife for it... But, of course, you're not going to do that... Get your things, and worry about the domestic situation later.

    excon

    PS> Did I mention how badly I HATE cops??
  • Aug 29, 2009, 08:33 AM
    ScottGem

    As excon said, you have been illegally evicted. You should go to the local police and show them proof that the apartment is your residence. They will then accompany you to the apartment where they will supervise your being able to remove your things.

    You then bring a divorce action against you wife as well as file suit for an illegal eviction.
  • Aug 29, 2009, 09:48 AM
    POTATOCHIP
    Quote:

    Originally Posted by jmjoseph View Post
    Contact an attorney. I wouldn't break in like the police recommended. Maybe you could get a friend or famliy member to call first, then go get your things. Sounds like she doesn't want anything to do with you. But you do have a right to get your stuff.

    Thanks a lot
  • Aug 29, 2009, 09:52 AM
    POTATOCHIP
    Quote:

    Originally Posted by excon View Post
    Hello P:

    I HATE cops. You must've disturbed them at the doughnut shop.... Of course, they gave you BAD information.... In fact, it's SOOOO bad, that if you followed it, these same cops, with their mouths full of apple fritter, will ARREST your a$$.

    You DO need to get your stuff, however.... And, the cops have an OBLIGATION to help you. I would GO to the police station and speak to the captain, if you can find him, or ANYBODY who doesn't have butter cream all over their faces....

    You've been illegally evicted. After you get your things, you can sue your wife for it... But, of course, you're not gonna do that... Get your things, and worry about the domestic situation later.

    excon

    PS> Did I mention how badly I HATE cops????

    Thanks a lot
  • Aug 29, 2009, 09:53 AM
    POTATOCHIP
    Quote:

    Originally Posted by ScottGem View Post
    As excon said, you have been illegally evicted. You should go to the local police and show them proof that the apartment is your residence. They will then accompany you to the apartment where they will supervise your being able to remove your things.

    You then bring a divorce action against you wife as well as file suit for an illegal eviction.

    Thanks a lot
  • Aug 29, 2009, 10:03 AM
    artlady

    If she is on section 8 you can also contact them as they are the only people that can change locks and they have a very strict policy regarding eviction.
    They are a federal program and must adhere to the law.
    She may have jeopardized her section 8 status by disobeying their laws of tenancy.
  • Aug 29, 2009, 10:12 AM
    POTATOCHIP
    [QUOTE=artlady;1952296]If she is on section 8 you can also contact them as they are the only people that can change locks and they have a very strict policy regarding eviction.
    They are a federal program and must adhere to the law.
    She may have jeopardized her section 8 status by disobeying their laws of tenancy.[/QUOTE

    Thanks you!!
  • Aug 29, 2009, 11:59 AM
    N0help4u

    If you have income and she has not reported you or your income to section 8 you could report her for fraud to them.

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