Does my mom’s husband have a legal right to file vandalism if she moves his stuff into storage?

My mom’s husband is leaving her. My mom’s father owns the house and her husband has never paid any sort of rent. My mom would like to move his belongings into a storage unit until he finds a place. He says he will file vandalism charges if she does this.

Asked on March 9, 2012 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am sorry for your mother's situation.  Vandalism charges would probably not be what could be filed.  Probably conversion or theft if something happens to the property.  If he is leaving her then I would tell her to file for divorce and ask the court for exclusive use and occupancy of the house and to have his belongings out by a certain date.  Do it all by he book.  Good luck.

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