Can my mother in law legally come to my house and take my husbands things?

No. She comes again to remove things for me without your permission I’d call the cops. You are married. A POA allows a person to make decisions and sign documents for you such as financial, sometimes medical. It doesn’t mean she has the right to enter your home at anytime and remove shared property that you need and are using without your permission. In fact, if you contacted a lawyer that would probably fall under theft.

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She can’t take anything! If he wants anything he can file for divorce and see what he gets then!

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He left a year and a half ago it’s abandon property. You got rid of his crap and bought new stuff. Prove me wrong.

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Install a camera. Put a restraining order on her if need be.

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Talk to a lawyer or the cops and get no trespassing papers on her. She can’t come in your home and take things.

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No she does not have a right to come take stuff over a year and a half later that’s your stuff too it’s not just his y’all are married and she comes just tell her to get out and he had to call the cops yes I will get a restraining order

20 years what did he do?

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The POA document has to state that she is able to collect his personal possessions or else it is just generally for medical and financial purposes to act on his behalf. To my knowledge if it lists all powers she can get it, however if the house is yours she cannot enter without your permission. I’ve been a poa before many moons ago and this is how it was in my home state. :woman_shrugging:t2: but girl if she is taking more than what was his - nope! Bye Felicia

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Change the locks. She cannot just take your stuff. And it is absolutely YOUR stuff at this point.

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He abandoned his material belongings along with his family. You are not a storage. His mother has no right to enter a private residence. Change your locks, install cameras, file for divorce!

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Say no and lock the door.

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After a full year unless she somehow has all the receipts for things, she has no power. His name has to be on everything. Power of attorney means nothing but a glorified paper signer. It would be considered stealing.

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Also file for divorce and get full custody of the kids.

You’re married. His stuff is your stuff, not hers.

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I would not give it to her and if there’s no proof than it’s irrelevant because if she can’t prove it’s his stuff you don’t have to let her have it tell her go the crap on she’s just trying to leave you with nothing don’t fall for it as long as no proof your good :relieved:

She can only legally take the things that are solely his (obvious things like clothes, credit cards, etc), things you give permission to be taken, or things that have been court ordered as belonging to him. Here in IN, all property in a marriage is shared property. During my divorce, I heard a case where a husband sold a home he inherited from his mom and the judge told him he has to pay his wife half of what it sold for.

Absolutely not. It’s abandoned property now, therefore she can’t say it’s his. Call the police if she comes over again. She can’t just come and take your stuff.

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She can not take your furniture if she tries call the police because they will make her leave and say it is a civil matter and she would have to take you to court!

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Lock your doors & don’t let her in. If she has a key change the locks! She cannot just go in & take anything. That is your home. Stand your ground!

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File a restraining order against her. She has no right to be in your home taking things.

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That’s material property tell her to buy you out of the items. She can’t just take it and technically you’re still married

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Tell her to support her son’s kids.

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Where I live, you have 30 days to collect your belongings after moving out, after that legally you’re up a creek without a paddle

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The way i understand it from my divorce in FL: Its abandoned property in some states past a certain timeframe and marital property in others if you aren’t divorced yet. She has no claim if it is in your house. Most states after 60 days it’s abandoned and therefore yours to do whatever with. He left it there. That’s on him. She can’t traipse in your private residence without a court order or your permission. Change locks and trespass her if she doesn’t want to leave, and file divorce papers.

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Don’t let her in your house.

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You most likely bought the furniture together and it’s yours as much as his. She can’t take your furniture :rofl:

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He left his stuff, what did he think you were- Free storage. Tell her to get off your property and take you to court, then she can tell the judge she’s trying to take her grandchildren’s beds

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Unless she has receipts
She can’t really prove some of those are his. I’d call the police if she tries to take those things like bed and stuff
If its like his personal belongings like clothes and accessories etc sure.

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Nope, that’s your stuff

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Legally they are “our” belongings until separated in a court of law. She has 0 rights to take ANYTHING. Not even his personal belongings if u choose to not let her. Do not let her back in your home

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Tell her to take you to court. She came round before to fetch his belongings. Anything she forgot is tough. She has no right to be taking anything out of your house. Is she going to be paying child support until he’s out?

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You have the children and he pays no child support. Tell his mom to kick rocks.

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I would think she would have to prove they are his in the first place a reciept or something of the sort. I would not allow her in the house who name is on it do you rent it or own it ? I would call police of she tries to come take it i dont believe they would allow her too unless ahe has type of court order alllowing her to do so and in court they need to be prove. He boughg them if you are seprated i hope that you have legally seprated from him. She has no say in th e matter he would have to be divided between you both in divorce court unless he can prove its his.

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The problem w the South is that they are not pounded enough. :face_with_monocle:

Ummmm … nope… all that gets divided up in the divorce… she has no right to take anything

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That kind of thing is labeled marital property and is sperated during a divorce. So it’s just as much yours as it is his. She can’t take any of it. Even if she is power of attorney.

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After a year, he’s not entitled to anything. Get a no trespassing order and refuse entry.

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Is there proof those things are his alone?

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No she can’t come take anything. I’d say if she shows up demanding stuff, call the police.

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No she can not. She steps foot on your property call police.

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Nope that’s community property she can’t take furniture. Must be filed in the divorce.

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No no no. That’s your property now

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No she can not take anything. Y’all are married so it’s both of y’alls and he left it there so it’s yours until a divorce and the judge splits up property.

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No! It’s marital property and even with power of attorney she has no right! Everything needs to be divided up in the divorce and you can just say that everything that was purchased with or by him has already been discarded in the time he’s been gone and they can’t do shit about it!!

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I wouldn’t have let her, no way.

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If your still married isnt it still technically yours? Hes not gonna need it so she should just let it be.

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Nobody can take anything until it’s divided in a divorce

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Um no. That is called theft. And if you are legally married, than his possession become yours. It’s called joint possession. Material property is a real thing.

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Trespassing, stealing…you can get her arrested for this.

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Id tell her the only way she’s taking the stuff is show up with the sheriff then atleast if she is able you will know whether its legal or not

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no!! Call the cops if she tells you stuff

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I’m going with no. Seek legal advice NOW.

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Nope. If she has a key to your house you better change the locks and tell her you will call the police if she shows up! SHE has zero rights to it…

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Technically if he left (abandoned) his personal property. After 30 days it belongs to the property owners

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This is very tricky. Because power of attorney actually give her a lot of rights,not sure on coming into your home. But my husband was in prison I was his power of attorney, I was able to go to the bank without being on the account, sold a vehicle,bought a vehicle, I mean of course he knew but what km saying is it basically gives the person a lot of power.

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Girl, u need a good lawyer :+1:t3:

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Sell it for child support he owes you

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Call the police when her ass comes over he has not lived in the home in an extended amount of time along with those being marital/joint belongings. She is illegaly removing things from your home

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Anything he left more than 90 days ago is your property.

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to my knowledge if she WERE able to do this through her rights as power of attorney, it would be a civil matter. essentially she would have to take you to court to get these things. if you just called the cops and told them what she was doing (coming in your house and trying to take shit against your will), she would be removed at the very least.

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I’m not a lawyer by any means but I do think she legally needs your permission to enter your house? She can not just barge in and take things that may or may not be her sons. I also think that since you are legally married to her son you have rights to everything in your home. What’s his is yours too type thing. I’m assuming you purchased these things together so they would not automatically just be his. I would not allow her in your home. If she has an issue with it she can take you to court but material things get divided when a divorce happens which in your case hasn’t. She then has no right to decide what is her sons and what is yours.

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Absolutely not, file an order or protection to keep her away from your home

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No. He abandoned those items, especially if you are still legally married. I’d block her and get a lawyer.

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Talk to a family law lawyers

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Change your locks, refuse her entry into your home, get a restraining order if necessary as well as hire an attorney if you have to. Your property that you shared with her son is not hers for the taking just because she thinks it is. Power of attorney gives her the ability to act in his behalf but doesn’t give her the right to do as she pleases with your community property.

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Possession is 9/10s of the law where i live. Nothing she can do about it unless you have papers stating otherwise, which it doesn’t sound like you do.
I’d pack the rest of whatever is actually his and get her to come get it then tell her if she steps foot on the property again, that cops will be called and a restraining order will be issued.

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NO. She has no right to those things. Do not let her in the house.

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Dont let her. Call your local police department and ask them what they think because if she shows up you will need to call them anyway.

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No…she definitely cant…n she needs to be told im done with him-have been since he Walked out. Thats ur problem now…u deal with it. Im not about to take $ from my house and my kids to help u help him🖕

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Instead of consulting facebook…you should be consulting with your local city/town police.

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Don’t even let her in the house and call the police.

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She can’t do that, tell her to keep her ass away unless she wants to join her son in prison.
Change all locks, deny her any access.

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She has. O legal right to anything in the home period power of attorney or not. You are still legally married an thats community property it would have ro be sorted out by judge in divorce. If you haven’t changed locks do that first incase she has a key and if she comes by dont let her once you allow her to take things then you don’t have any ground to stand on. You don’t have ro allow her in to the home at all. You can call police an file report you can call them up and ask what option s you have if she shows up to take things.

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Possession is nonsense of the law legally all of it is yours and she can not come into your home and take anything without it being trespassing and theft call the cops

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It depends on how it works where y’all live , but it is just stuff. Maybe just let her take it and get stuff for you and your kids . Start over… . I would call around and find out how all that works first

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And u need them now. Id call an attorney and get legit counsel. Usually in a divorce things are disputed and divided. 20 yrs… He wont be needing that she just wants it sounds like

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Finish the divorce, get custody hammered out, child support hammered out. Some states even if he’s incarcerated he can work in the jail and they’ll garnish his wages.

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Just to clarify, she’s trying to take the bed & dresser you shared as husband & wife correct? There’s no way I’d let her in my home. Her demands are irrational & outrageous. Sorry you have to deal with that.

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Pack up all his stuff that she would want. His stuff only. Tell her to pick it up for the last time or drop it off to her and then change the locks.

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Nope. Not her property.

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I agree change the locks and contact a lawyer file for divorce if you need to or want to but dont let her come and bully you for things just because she thinks she has a right to having power of attorney doesn’t give her the right to come in your house and take possession even at his request hes been out of the home over a yr its no longer his to say even if yall own the home together… seem like it might be in your best interest to think about moving if you own the home together and are getting a divorce tho and even if he will need them in 20yrs if the property is spilt in the divorce then hes only entitled to what the court deems his afterward it’s all settled

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Just cause she has power of attorney, does not mean she has every right of his. She can not come into your house and just take things. Call the non emergency number and I’ll guarentee they’ll tell you the same thing regardless what state you live in.

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Hell NO she can’t just come take your marital assets. Call the police department tell them situation. They can help with advice. She has no claim to anything.

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Marital property so no she can’t.

Being power of attorney is limited to making legal decisions… medical, wills, etc… when he is no longer able to make those decisions himself.
But she cannot just come into your home and yell power of attorney.
Girl, change the locks… put cameras up, send her a certified letter telling her that she not welcomed on your property without a court order or you will take action for trespassing, and lastly… eff her and her son.
I hope you live happily ever after.

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Get all his shit and put it in tubs call the police if she shows up again state all his things are available to her in those tubs.

Don’t let her in the house. Can the police and get a lawyer. Just because she’s his power of attorney doesn’t mean she can go in your home and take things she deems is rightfully her son’s.

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I don’t think power of attorney lets her legally enter your home and take your things
Like y’all are still married and in marriage things belong to both of you legally no matter what state.
I’d say if he wants to act like y’all are divorced start the process and see who gets the bed and stuff because it won’t be him

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Don’t give her anything. Call the cops if she comes.

Possession is 9/10 of the law and if he’s incarcerated in another state, Honey your basically single. She’s just being malicious and spiteful, get a no contact order and then proceed to a restraining order if necessary.

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Absolutely not. Nothing of the marital home was divided by a judge. Tell her to shove it, deny her access and shell have to take you to court. Chances are shell back down because itll cost her more in legal fees than the items are worth. Cut ties.

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Legally: only if she is his conservator or has power of attorney.

It ain’t up to her go take what she wants. Don’t let her in, change locks, & if she shows up just call the cops. They’ll make her leave your property & say best thing she can do is just take it to court. They won’t allow her to take anything

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No f that where is the proof he bought any of that stuff if none then its yours

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You cannot just waltz into someone’s home and take things. :rofl: I’m sorry, it’s not funny but it is. Power of attorney or not, you legally cannot just walk into a home that isn’t yours and make demands on the things you want.

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Restraining order. She can’t take material things that’s in YOUR house!!!

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Consult an attorney. You children’s grandmother. What a shame.

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Possession is 9/10ths of the law…she can’t take anything if you don’t want her to. She can not prove any of it is his

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Hell no she’s not taking your furniture

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I wouldn’t think so …call legal aid & see how to protect yourself