Intellectual Property Law

Stolen property or not?

If my (soon to be ex) mother-in-law took mine and my daughter's personal things out of my husband's house without my knowlege or permission, put them in a storage building and told me I had one week to get the stuff out when I was laid up with a shoulder injury...would that be considered theft of property? She had since changed the locks and told me if I wanted my "junk" then I had to pay her MORE than what the storage bill is to get it out. I was given no notice that it would be moved out. And it was her that did it, not my soon to be ex. It is not her property, her house, her belongings. It is however HER storage building. Can I try to press charges? I am not in a community property state, but an equitable property state. What was his prior to the marriage is his after, what was mine prior to the marriage is mine after. Anything we bought together has to be split equally.

Public Comments

1. Sounds like you have a case, in my opinion that is.
2. Yes. She did not move your possessions with your permission, and is not entitled to stick you with storage fees for something you did not contract for., You can take her to Small Claims Court without needed legal representation.
3. It would be a civil suit. Take it to judge joe brown.
4. take her to court. you'd win
5. That depends on where you live - If you live in a commonwealth it is definitely theft (and possibly tresspassing). Good luck to you.
6. I would definitely check inot it and if you are still married to her son then yes it is theft. Your things were still in the house so by law you still lived there as well.
7. Yes, she is totally taking advantage of your situation. Read the definition of extortion of the Encyclopedia Britannica Online, I think it applies here. EXTORTION: the unlawful exaction of money or property through intimidation. Extortion was originally the complement of bribery, both crimes involving interference with or by public officials. But extortion and, to a limited extent, bribery have been expanded to include actions by private citizens as well. Extortion may include threats of harm to a person or his property, …
8. It sounds like your relationship with her little boy is not real good at this point. You need to talk to your lawyer because it all depends where you live. If you moved out of the house on your own she has the authority to do this with her sons direction in some states. Your shoulder injury has nothing to do with it. If you have "cheated" then you are most likely at fault in most states.
9. In England & Wales your motherinlaw would be breaching a whole set of offences. One would certainly be blackmail which is imprisonable. The second could be theft but section 1(1) of the Theft Act 1968 says: 'Any person who dishonestly appropriates property belonging to another with intention to permanently deprive the other of that property shall be guilty of an offence of theft.' If you can satisfy the police that she intends to deprive you of the property then she will be arrested and interviewed and she could well be charged with theft. However I think blackmail is the more relevent offence. She may also be guilty of harrassment and arguably an assault (although the assault must be in you and not the property, such that it places you in fear). In civil law she would face an action for trespass (which is a civil offence in England & Wales) and you would claim compensation.
10. if your husband ex or not had the legal right to enter your house then he also had the legal right to allow others to do so. unless the woman took something that you can proof you had prior to be married then there is nothing you can do about this. except make a note of it file a complaint with the police but understand they wont do anything for you . the complaint is just so you have a record of this matter. that is about it . you could see about a legal separation and a charge from the crown to not allow the ex husband further access to your home. that is only for the future.
11. If you are in the process of getting a divorse then you should be represented by an atorney and he is the one you need to talk to. If you are not represented then you are in a real dificult position. Many places have the comunity property law meaning what is yours is his and what is his it yours. You do not have to go get the things if you do not want to do so. If you want them then you most likely will have to pay the bill. I do think it is your husband that is the bad guy all the way through. He had to have fiven permission. As I said if you do not have an attorney then you sure better get one. There is nothing you can do without being represented.