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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37042
Experience:  I provide family and divorce law advice to my clients in my firm.
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My fiancé locked has taken my belongings in my home. They were

Customer Question

My fiancé locked has taken my belongings in my home. They were gifts given to us by family members at our baby shower. I am 7 months pregnant with twins. He says I am only allowed to enter the home with him and his family dictating what I can take.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.
I am terribly sorry to hear that you are in this situation. Is this a home that he personally owns or is this a joint property? How long ago did he lock you out?
Customer: replied 1 year ago.
He told me I could only come to the home with him and his family there and I can only take what is mine. He told me he and his family would be waiting for me. I can give birth at anytime during the next month or two. I need the belongings for my unborn twins. The were gifts from baby showers an that I had purchased for our children. His mom has taken what she thinks I shouldn't have and taken it to her home. I am terrified all my belonging are gone. We rent the property jointly from his uncle who lives out of state and who is very sympathetic to my situation. He has been very verbally abusive to me. I have an high risk pregnancy and has caused me physical distress which can cause preterm labor. I have filed for a temporary restraining order and a civil police escort to retrieve my property. What if it's stolen? Can I file theft charges against them since they were gifts to the babies? Additionally, I'm afraid because my fiancé abuses pain pills and marijuana and I am terrified I will give birth before this issue is resolved and he will take me babies from me if I can't afford a lawyer. I'm a teacher, make good money, clean record and have child care for my children ready. Will a judge grant him overnight visitation on joint custody if they are newborns and I live in a county 2hrs away? He is also a teacher and has his friend who is a convicted Felon moving into our home. I'm afraid he is going to take my children, steel my belongings and hurt me help. Oh also I have been legally separated from my x for several years and our divorce is not yet finalized. Does that mean anything? How does it complicate stuff?
Customer: replied 1 year ago.
I am legally married to someone else technically .
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up. I appreciate the additional information.
That is great news. If you rent together, NEITHER of you, without a restraining order, can block access to the other. He cannot kick you out (the fact he did so while you are pregnant just shows his character, but I digress) since you have as much right to be there as he does. You have equal rights as you are both tenants of the property. I suggest that you call the police department and appear at the home, call the locksmith, and in front of the police re-enter the premises. As I see that you have a variety of other questions, I will answer them below to make sure I do not miss anything.
What if it's stolen?
You can file suit against him for the value of the items if you can show that those items belong to you.
Can I file theft charges against them since they were gifts to the babies?
You can pursue it criminally and civilly. Criminally it is unlikely the police will agree to press charges, but civilly you can sue him for 'conversion' (theft) for value of the itmes.
Additionally, I'm afraid because my fiancé abuses pain pills and marijuana and I am terrified I will give birth before this issue is resolved and he will take me babies from me if I can't afford a lawyer.
He cannot do so. File for a restraining order against him and he will not have an ability to go after your children.
I'm a teacher, make good money, clean record and have child care for my children ready. Will a judge grant him overnight visitation on joint custody if they are newborns and I live in a county 2hrs away?
Absolutely not. Unless you are terribly unfit, the courts will generally avoid overnights until the children are able to tolerate relocation (usually 2-3 years of age).
He is also a teacher and has his friend who is a convicted Felon moving into our home. I'm afraid he is going to take my children, steel my belongings and hurt me help. Oh also I have been legally separated from my x for several years and our divorce is not yet finalized. Does that mean anything? How does it complicate stuff?
That is completely unrelated. The fact you may be married to someone else is unrelated to his behavior toward you or toward your children.
Good luck.
Sincerely,
Dimitry, Esq.

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