I know laws are different in every state but just looking for advice or comments from anyone who can relate. A year and a half ago, my husband left me; he’s now incarcerated many states away from home. Legally we are still married. I have our children and have been taking care of them alone for a year and a half. ( no child support or anything). He made his mother his power of attorney instead of me, so I have to go through her for different things… so here’s my issue… when he left, she comes after many of his personal belongings, which was fine it was his stuff. I wasn’t going to keep it from him. But now, a year after he’s been in jail, she wants to come and take other things like the bed, dressers, etc. Saying “ he’s gonna need them when he gets out” ( he won’t be out for almost 20 years), so my question is, can she just come to take these things? Legally speaking what I can do to keep her away and to stop her from trying to take what little I have left? Like I said, I know states have different laws, and I have to make some phone calls but just wanted to see if anyone can relate or has any helpful advice! Please no negative comments I’m dealing with enough stress at the moment. Thanks to all who comment!
At this point anything in the home is yours.
Is there any proof they are his? If not then no she cannot. Police won’t do anything either because without proof it will be a he-said-she-said case. If anything they will tell her to take it to court.
Isn’t it considered marital property? I would think she couldn’t take anything.
Everything is yours do not let her back in your house
Change your locks if she has a key and tell her no. Cops will say it’s a civil matter and she will have to take you to court. In most cases there are laws about how long someone has to have property removed before they forfeit ownership. If she co times to harass you get a no contact order.
They have been with you for over 6 months and was bought whilst you both were together she can’t take anything.
No.contact an attorney immediately. She has no power over anything. Get a restraining order and divorce your husband.
Nope she can’t take YOUR stuff
Dial 211 from any phone. Explain your issue they will find you a lawyer who works pro bono.
Check your laws. I would think it would be abandoned property and he has no legal rights. Get a restraining order on her if needed. I agree, change your locks. She has no rights to enter your home. Divorce him.
He left. When he left he forfeited any claim to anything in the home. Hire a lawyer. Post haste.
That’s all things that would be sorted during a divorce. Let her know if that’s what he wants he can ask in the divorce for it. It’s marital property.
Send her a letter letting her know if she comes to your address that she will be removed by police as she has not got your consent. Get your divorce rolling if you aren’t together so that everything is sorted out and can keep her out your lives easier
Since you are married I believe it is a “what’s mine is yours, and what’s yours is mine” situation. If you were not married it would be different. If she has a key change the locks. She does not have a right to any of it - power of attorney or not.
Change them locks and phone numbers she sounds shady AF
Change ur locks and take it to court
She has no legal right to anything on your property. Call the police if she shows up and have her trespassed.
She doesn’t have any right to do that just tell her no
Tell her to piss off … the cheek of it!!!
He pays u no maintenance… tell her to tell him to save up what he is not paying for his children… dont let that women anywhere near ur home… its ur stuff with ur children… stand up fir those kids… the dirty little vermin is owed nothing from you or that house.
Stand ur ground and send that women packing with a boot up her rear end the cheeky sod.
She’s being inconsiderate to your feelings so let her know how you feel about it
She has no legal right to anything at all. As long as it isn’t her house then call the police if she shows up
Everything is yours. Call the police if she tries to take anything. She can go to jail too. She didn’t even have the right to take his things. Get a restraining order if you have too.
Girl you need an attorney like yesterday. Change the locks to your home and don’t let her in.
Put his stuff on the porch! She will have to make due with it! His mom has no power
No. You own that furniture too. She can’t take it. Court would have none of that behavior from her
Possession is 99%of the law since you are married. If she takes it it is theft.
I’m not a lawyer but to me the furniture is joint property and since you are still married it’s yours and she shouldn’t be able to touch it. I would ask a lawyer just to be sure. I also would have nothing to do with her. Get a restraining order if you can. Change the locks and the phone number.
Absolutely not but why do you want his stuff?
He left those things. He abandoned his property, so it became yours. I would get a lawyer to protect yourself though.
Edited to add: Had you legally divorced, property would have been established then. But since you are still legally married, it’s still your property as well.
Get a hold of a pro Bono attorney, change your locks and phone number. If he wants it he can ask for it in the divorce. File for divorce now and be done with it.
Um… yall are married still… so. No. They cant take y’alls shit just cause. Or did you leave him? Idk either way. It seems like no they cant is the answer. Leave you without while hes in jail. Nope.
Sell his stuff. Keep money
No. She cannot. Make her to you to court. No judge will allow her to do this. Change your locks. You are married. You are in possession of the property, her just coming a d taking things is theft.
I would call the cops on her for trespassing and then I would put a restraining order on her
No, change the locks and call the police.
That is not HER stuff at all and she doesn’t get to cherry pick what she gets to come get because he made a poor decision. He abandoned the family. Let him do his time and get the heck on! Bye to the both of them!
No legally she can not
Was it his before you were married? If so, I would let her get it as it belongs to him. If you were married when it was purchased then it’s yours. Check your laws though.
Your married it’s not just his property it’s yours too his mom can’t take anything
I would get a lawyer and file for divorce ASAP.
Throat punch her !!!
No. Maybe leave a box of his stuff out the front that you don’t want anyway and a note explaining that she is not welcome and you will call the police
Ok how is she taking the bed? Isn’t that the bed y’all sleep in and a dresser that y’all used for your clothes? Those things belong to you as well it’s marital property.
No, next time she shows up call the police. Put a restraining order on her.
Power of attorney has to do with financial or medical issues. She is abusing that power. It does not have to do with possessions in the home that you had while married. Call the cops the next time she comes around.
Who’s name is on the house? If it’s only in your name anything and everything inside that house is yours!!
She cannot take marital property
Legally he is your husband and you are next of kin…not his mom. It’s the marital home and no one is allowed to enter or remove things without your permission except for your husband. If she tries to remove items, you should call the police and have her removed from the premise. Contact a lawyer so that you can receive appropriate information for your state.
No? It’s considered stealing?
Here if you left a residence more than 60 days ago it’s considered abandonment of property
No! Don’t let her in.
No she absolutely can not. If he or she can’t provide receipts from the purchases there is zero proof that they are his.
Oh no the fuck she don’t. I stopped reading at. " trying to take the bed etc. What in God’s name is she thinking.
In most states, once someone is gone after so long and left they things behind them you do not have to give it to anyone as legally it’s now all yours.
Me personally I’d get a restraining order against her and make sure all windows stayed locked and change all the locks to the house and yes definitely would be FILLING for DIVORCE ASAP I did when my X was incarcerated he got served in there. DONE DONE and DONE !!! Best thing I ever did. Good luck
She has no right to anything. That’s not what power of attorney is. Stand ur ground. Call the authorities if u have too. Get a restraining order.
Wowwwww. That’s terrible. That would likely be up to a civil court judge. Usually when you are married, you own the things just as he does. It requires settling through divorce.
Nope, mother in law cant take anything with out a written court order.
No. Even if you are still technically married he has been gone more than 30 days which means he abandoned any items he left there. Neither of them have rights to anything. If she attempts to come get stuff call the cops.
Absolutely not, he will have to buy new things as they have been abandoned and as far as you are concerned, she is just some random woman trying to steak your things. This is especially true if you bought those things while married, literally everything is half yours. He’d have to go through court to get his things back and have to pay you the difference
He left you, he abandoned his belongings, no it is no longer his right…
Do not let her in your house or touch anything and get a copy of the power of attorney to see exactly what it says. Also lawyer up because she sounds like a nut job
Technically (in ny anyways) if a person vacates a property and leaves behind personal belongings, they legally have 90 days to retrieve any said belongings. Possession is 9/10ths baby. Sounds to me like She’s SOL and you can have her removed if she continues to bother you. So petty.
I’d change the locks and call an attorney.
Ummm, I doubt it. I would think that would be considered abandonment. It is where I live and I can’t imagine it being much different anywhere. Tell her to get some kind of a court order. In the mean time, do not allow her to take anything. 20 yrs? Doesn’t sound like she is getting the stuff for him at all
I would say I saved them things well over 30 days and they are gone you have replaced them
Power of attorney is for when the person cannot make decisions on their own, ex. Mentally incompetent ruled by judge, so she’s over her bounds
Change all your locks immediately. Tell her if she steps foot on your property without permission, law enforcement will be immediately called and you won’t hesitate to press charges for trespassing and if she takes anything, it will be considered theft and dealt with accordingly. She has no right to your belongings. He left them there. So technically it’s abandoned and you own it all. He hasn’t lived there in over a year. Not a couple months. A YEAR. You cant just leave a car parked on someone’s property and go get it a year later and be like, thanks for storing it for me, I need it now. Byeeee. It doesnt work that way. If he wants it, he can wait til he’s out of jail, or he can send you a letter directly with his wishes.
If you feel like being nice, anything you dont want, throw it out on the lawn. She can collect that. Document it all so if shes being fishy, you can prove she came to get it. Everything else, she can’t touch.
Also…file for divorce and be done with them both.
I’m sorry but legally after 30 days anything left in the house is yours! Idk about if yall ste still married. But just know posession is 9 10ths of the law if she comes on your property call the cops and have her removed!!
If you two are still married that’s considered community property which means it’s yours. She may have power of attorney but that only gives her certain rights and taking property is not one of them. Good luck to you
Press charges for theft
His things?? The bedroom set, I would assume belongs to both of you. I would consult an attorney in your state. Also, has it been decided where he will be going when he does get out??
I talked to an attorney not too long ago, every state is different but most states after 60 days its abandonment ans he or his mother have no rights to anything
No she cannot! The law cannot assist her in any way its a civil matter in which power of attorney or not it has no standing in this at all. Its your property period. I suggest a restraining order against this person and a divorce in which I’m sure under the circumstances you would have no trouble getting everything. Dont let this woman intimidate or harass you for one second.
No she cannot. Contact police or a lawyer
If it’s shit that doesn’t matter met her take it? If it’s stuff you want then keep and use. She has no legal right. Even with a poa. You are married. Joint.
Lock the door and don’t let her in. She wants it, tell her to call an attorney amd bring a police escort. Cuz she can fuck right off
Are you sure he’s away for 20 years? Seems odd she wants it now.
Give her a set date and time at YOUR convenience to have everything picked up in one shot… She shows up after that than I would call the police for harassment charges.
Tell her to get a lawyer, dont let her in your home anymore, also see a lawyer yourself and get physical custody asap, protect yourself bcuz if she wants kids to visit, unless there is no legal agreement she doesnt have to give them back to you,
Possession is 9/10ths of the law
Umm I don’t know american laws but if he’s your husband then doesn’t that make the stuff 50% yours… And if it’s been more then 90 days isn’t that considered abandonment which then makes it all 100% yours???
Tell her she gets nothing, if and when he gets out of jail he can ask you for things he wants!!! Call the police if she come to your house!!!
Restraining order + outside cameras = solve GOOD LUCK HUN
I would think the power of attorney would only be for present and anything former that was bound by the two of you would be void. The power of attorney gives her limited conditions to make legal decisions on his behalf. It does not invoke all rights.
No one has the right to enter another’s dwelling other than property owner and that is limited in many states.
If you are legally married and not divorced unless you have received legal documents relieving you the right to his possessions, I would not turn anything over bit seek legal advice first.
Don’t let her in, make her get a lawyer to get anything, which she’ll have to describe in detail… before that happens, sell the old stuff, get new stuff, then he no longer has any rights to it since you purchased it yourself. Also, if she pushes the issue, you can charge storage fees for any property left at your residence longer than 30 days. So, when she comes to get things, give her the storage fee invoice, make her pay it before she gets anything else.
No she can not. Change ur locks immediately.
He is legally your husband, making the stuff yours as well. She would have to take you to court to be able to come and get them.
Nope she is not legally allowed to do that. Call an officer over next time
Put up no trespassing signs, get a restraining order and yes change your locks. Maybe buy a blink camera for inside your house. If he is in there for 20 years like you say she probably only wants it so she can sell it to help him out while he’s in there.
Lawyer up. Find out your rights xx
If it’s been in your house and his names not over anything and no mail there for 30 days in the state of Oklahoma it legally becomes all your stuff!
Change your locks, and why she shows up call the cops, make sure you tell her ass when your husband comes out of jail then he could come and get his shit till then tell her to F off be strong don’t let her steps all
Idk what state you’re in but Arkansas law says if it’s in your possession for more than 30 days its legally yours
Nope every single thing is yours, change your locks and send her a text she is not allowed in your home anymore and she can’t take anything or else you will get a restraining order, he abandon you!!! So after 30 days all those things he left are yours.
It should be considered abandoned property after a year.
No that is your stuff. He abandoned you so rightfully it is yours
You do not need a lawyer … everything in your property is yours.
Hell no she can’t take shit from your house
Id imagine it would need to go before a judge. She cant just come onto your property
Get a lawyer, don’t wait …