sksmom
recently joined
Reged: 12/28/08
Posts: 5
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My ex is getting divorced from his 2nd wife (were still friends)My ex & I have 2 kids together, he doesnt have any kids with his 2nd wife, they have been married 7 yrs. Last weekend she moved out, but she keeps coming back to the house to pick up more things. Last night when my kids were over there visiting their dad, she came over and took all the pots & pans. Every single one. Today she came over and told my ex she wanted the tv & space heater from my daughters room. Those things my ex bought for my daughter. Last weekend when she moved out she took most of the furniture, 2 tv's, all the pets except 1 dog, most of the dishes, the computer, cameras, she took most everything. She was in charge of paying the bills when they were together and she hasnt paid them in about 6 months now my ex is trying to catch up on all the bills. My ex wants to change the locks on the house to keep her from coming in and taking more things when he isnt home. Were not sure if its legal or not but at this point he doesnt care. My kids are teenagers and they never got along with their stepmom. Im afraid if she comes into the house when he isnt home she might start a fight with my kids. Since she left the house cant that be considered some type of abandonment? It seems to me that once she moved out she shouldnt keep coming back for more stuff. Isnt she responsible for half of the bills that werent paid too? Her name is on the title of the house but my ex owned it with me before we got divorced and when he married her he refinanced and had her name put on it, they own it jointly. She seems to think she is entitled to everything, Im especially not happy that she thinks she can take my kids things...she is also trying to get her hands on my kids college fund. any advice? thanks.
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mom4life
enthusiast
Reged: 06/27/08
Posts: 364
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Maybe the first step would be to call the local police department and find out if it is legal or not to basically lock her out? I am not sure, but I would darn well find out. I don't see where it would be.
As far as what she is entitled to, that will have to be worked out in court between them. It really stinks for you guys kids to be in the middle of this, but just be there for them and let them know that this is between daddy and his STBX.
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shortmarriage
Pooh-Bah
Reged: 12/07/08
Posts: 1773
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I'm pretty sure that if it's the marital residence, that if the locks are changed, the other can change them again. Or break in. Because legally they both have a right to be there. Check it out further, though.
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jaiye
old hand
Reged: 10/27/05
Posts: 860
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He needs to get it filed and hopefully request an injunction to keep her from taking anything else and to try and bar her from going into the residence since she moved out.
She is not entitled to your childrens things. Division of their things will be decided by the court and just because she took it doesn't mean she will be allowed to keep it.
He needs to get the divorce filed and an order in place prohibiting her from selling off assets. In regards to your kids college funds. If your ex has added to that fund during their marriage the portion he added from marital income may be subject to a split. I hope he has good records showing what was already in it at the time of their marriage.
He needs to get a lawyer now, not later.
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sksmom
recently joined
Reged: 12/28/08
Posts: 5
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thanks for all your replies, Ill let him know all your advice and suggestions.
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