Can I be charged with theft for removing property from a marital apartment?

UPDATED: Oct 1, 2022

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Can I be charged with theft for removing property from a marital apartment?

Me and my wife split up no paperwork has
been filed that I Know of yet she has
locked me out of the apartment both are
names are on the lease I’ve try
contacting her through Facebook she had
a warrant out for my arrested for
harassment do to trying to figure out
what is going on with us and I would
like to get my belongings can she take
legal action against me if I enter the
apartment with out her present and take
my stuff

Asked on February 21, 2018 under Family Law, Tennessee


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

Answered 4 years ago | Contributor

While the logical answer is no, the reality of the situation is that you will likely get arrested.  The Police do not want to get involved in this stuff and now that she has filed these charges there is nothing you can do that will be seen as "right."  Have you spoken with an attorney about filing for divorce?  Or at least writing a letter for you to get your things?  While she had no right to change the locks she did it and it sounds to me like she would not hesitate to say you took something that was not yours.  So make a list of your belongings, hire a lawyer and start moving forward and demand access to get your things.  Good luck.

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