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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I live in Cleveland OH. I got married in December 2010, My

Resolved Question:

I live in Cleveland OH. I got married in December 2010, My wife left the house over 7 weeks ago intending to file for divorce but did not, I then filed for divorce 3 weeks ago, I have remained in the house, she did live with me for years before we officially got married.

I changed the locks on the house 30 days after she left, and changed the codes on the security system. A week ago she broke into the house from the backdoor while I was out with 1-2 people, stole my safe, the alarm company altered to police which documented that it was my wife with details report and did witness the item. The let her go when she told them that she is going through divorce and was just picking her belonging,

Now, is that considered a legal act or was it a criminal act that I can press for charges against?
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

Wow, may I ask, what exactly did she take? Was it her property or your property? Also, did she change her address to a new location, or is she still officially listed as living with you at that location?
Customer: replied 5 years ago.
She took my safe which has items that are exclusively mine. She did change her official address to another location, I have not been receiving any mail for her. The items in the safe are mostly documents with some cash and my passport.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

This is both a civil trespass and a criminal trespass since she legally moved out, as depicted by the fact that she changed over her address. It also happens to be burglary as she took your personal items with the intent to deprive you of the items, and that happens to be a crime. On the civil end you can also sue her for physical damages that she caused to your property and for conversion (a civil term denoting theft of your items). For the criminal charges you may want to consider retaining counsel for divorce and having him or her contact the police on your end, and then filing for "replevin", which is the return of your personal items that she took without permission.

Good luck.
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