When burglary is not burglary... Advice needed

[M1NM]

Her files her property. Burglary = entering a structure with intent to commit grand theft petty theft or any other felony.
The fact he turned the product of his theft over to his attorney is enough to get him thrown off the case. Talk to the DA not the cops. Get a restraining order. What happens if he comes in while she is there?

[CBR_rider]

1. Tell your fiance to get a new lawyer that is going to work on her behalf
2. Report Exs lawyer to the State Bar for position of stolen property and unethical behavior
3. Tell fiance to hire mover to go to her other property (where ex lives) while he is out and move everything to a undisclosed location.
4. Tell fiance to go to her other property (where Ex lives) and break all the windows and when the police arrive, tell them its also her property and she can destroy it if she wants.

First one, do it. Second one, sure, why not. Third; tread lightly. Fourth; yes, do that one if she would like to face a felony vandalism charge and get an EPO issued against her.

Her files her property. Burglary = entering a structure with intent to commit grand theft petty theft or any other felony.
The fact he turned the product of his theft over to his attorney is enough to get him thrown off the case. Talk to the DA not the cops. Get a restraining order. What happens if he comes in while she is there?

Talk to the DA and tell them what? If the ex goes to what is still apparently legally HIS HOUSE while she is there.... who knows; but a crime isn't being committed based on what the OP has said.

[Trriemferent]

CBR...... Im not LEO or a lawyer (prolly should have mentioned that in my original post) but Im wondering what the difference is between #3&4 vs. the ex breaking her front door/lock and taking her personal files. Im not trying to be argumentative but wondering at point does it become a crime vs. its his property so he can damage the property.

[Dago Red]

After reading reaction above I'm guessing I'm gonna be accused of dragging you down after this....

The warning about maybe a new girlfriend is something not to just be ignored. Not because she's made bad judgement calls, I've know a few people who when divorce came the person they were with seemed to be totally out of character to who they knew. And for whatever reason it is normally the husband that's an *******.

I think What should worry you is that if he's this big an ******* he's not likely to just go away. And if she's dealing with him long term then you will be too. Since you can't just kick his *** without getting in trouble it just means you'll have to sit back and put up with it.

I'd also want to evaluate why things have drug on for 2.5 years. Is it just that he's managed to out maneuver her (I knew one poor lady who's deadbeat ex when she finally left him managed to convince CPS she was abusive to the kids, took them away, messed with her so much she actually ended up having a mental breakdown) or was she partially to fault for it. If she's part of the reason id see that as a flag too.

Definitely she should get a new attorney, sounds like hers is a POS.

You can all pile on me as much as you want, reality is there'd be a lot less problems if people would use their brain more than just their heart.

Red

[CBR_rider]

CBR...... Im not LEO or a lawyer (prolly should have mentioned that in my original post) but Im wondering what the difference is between #3&4 vs. the ex breaking her front door/lock and taking her personal files. Im not trying to be argumentative but wondering at point does it become a crime vs. its his property so he can damage the property.

This is precisely why "she" in this case needs to be very careful. The courts have ruled that spouses can in fact be cited/arrested for vandalism when they damage communal property; usually the person cited/arrested is charged for half the value; IE $2,000 in damage to windows at a house they both own would be $1,000 worth of damages for a vandalism charge.

Things are a little bit different if one party is intentionally trying to restrict access to communal property... but now we are really starting to get into the weeds on this stuff. If "she" breaks into the other property because she forgot a purse the courts are going to look at it very different than if she is breaking in to get necessary medications after she has called three times to get the other half to open the door; for instance.

[NATEWA]

Not sure about any of the legal issues but why didn't she change the locks and update the security system?
Especially after the 1st "break-in".

This ^

Put valuables in a safety deposit box, public storage shed with safe inside, keep at a friend's house, hide in the house, etc.

[DEFCON ZERO]

4. Tell fiance to go to her other property (where Ex lives) and break all the windows and when the police arrive, tell them its also her property and she can destroy it if she wants.
First one, do it. Second one, sure, why not. Third; tread lightly. Fourth; yes, do that one if she would like to face a felony vandalism charge and get an EPO issued against her.


"destroy it if she wants" is not what you tell the cops.

What you do is hire a low budget CONTRACTOR to start a "remodel". Play it kinda straight with a legit contract and tell them you need the demo part done ASAP. That should not be a prob because it gets the contractor's foot in the door. Have water and electric not just "off" but out of commission.

And if both parties have legal permission to be in either house, I think that also means "guests" so after removing valuables bring in some new "friends" you found at local biker bar and have them at both houses. Then what will happen is there will be an 'altercation' between him and a biker, and the other bikers will all say he attacked the biker for no reason, and the biker was "just defending himself", etc. Bikers will know what to say to get away with beating someone up.

Wait, scratch the Biker Idea because even mentioning it on this website might cause probs since this site is pretty sensitive about discussing anything that might be 'breaking the law', and I've got a better idea. Have her act like she has "flipped out" and has started some hair brained charity group and flood both properties with the "clients". The divorce from Mr Wonderful was just too much so she decided to become like a nun and devote her life to Good Works, and those 250,000 Syrian rapugess gotta go somewhere.

This will put him suddenly very out of his "comfort zone".

[RandyD]

There are a few comments, questioning why the property is not fully settled after a long period of time. I have been handling divorces for over 24 years, and it is not that uncommon to have a case last years. There are various reasons, some times the parties run out of money, and other times they get tired of litigating and just let the dust settle, and when things are going well, the last thing someone wants to do is take the other back to court, because it stirs up a lot of emotions.

[P5Ret]

I'm thinking someone needs to clean up some of the posts in this thread. Especially the one's giving bad, illegal advise.