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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30168
Experience:  Lawyer
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Second opinion] I need to ask some question' My ex-husband

Customer Question

Second opinion] hello, I need to ask some question' My ex-husband and his gf own a house or a condo. The condo is under my ex-husband's name and he is out of the country right now.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: MIchiganJA: Has anything been filed or reported?Customer: NOJA: Anything else you want the lawyer to know before I connect you?Customer: My ex-husband has some more stuff that needs to be picked up from that place. He asked my daughter to go there, but the gf is giving her a hard time. She wanted her to go there in some certain time. She is pregnant and I am working, we cannot just go and drop everthing that she asked for. Can we go there without being charged of tresspassing?
Submitted: 4 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Typically, any person who owns a property can give consent for another person to enter. However, in practice, that tends to work better when the person granting access to the property is also there. If you or your daughter show up on your own over the girlfriend's objection, there's no way to stop her from calling the police. It would be to your benefit to print a letter from your ex-husband giving her consent to enter and asking police to go with you to get the items.

Also note that, if your daughter doesn't have a key, she will have to work with the girlfriend to ensure that she's there before going over to the house. Police can help stop her from denying you entry, but if she's not there and the doors are locked, they can't let you in.

Your ex-husband can sue his girlfriend for conversion if she prevents him from claiming his belongings. He could try sending her a message now stating that she will be sued if she continues to interfere with you and your daughter. That's the other option.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 4 months ago.
The gf gave us schedules to go there, but those schedules is kinda hard for me to follow coz i am at work, and my daughter is about 4-5 months old pregnant. She didnt want us to work in our schedules, but with her schedules only. She messaged us that she will throw all the stuff away if we dont respond. We couldnt respind right away conz i need to fibure out who else can help us carry the stuff. What can we do about it?
Customer: replied 4 months ago.
Also, she my daughter still have the garage opnener to gain access inside the house. I am assuming she put everything in the garage.
Expert:  Lucy, Esq. replied 4 months ago.

She has no legal right to throw the items away, since they belong to a co-owner of the house. Your ex-husband can sue her if she does that, both for the value of the items and punitive damages.

With that said, you both have to work together to get the items. Depending on whether there is sentimental value involved, you may have to go over there at a time that isn't entirely desirable to protect the items. That's a practical decision, not a legal one.

It's possible that if she uses the garage door opener to enter, the girlfriend will file trespassing charges. She'll have to defend on the basis that she has permission from the other property owner.

Expert:  Lucy, Esq. replied 4 months ago.

Do you have any other questions about this?