Can I get arrested for taking my personal things out of a storage unit that my husband has and won’t give me access to?

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Can I get arrested for taking my personal things out of a storage unit that my husband has and won’t give me access to?

My husband and I had to get a storage unit last year. We put everything in there. He stayed up in IN and I went down to TX. When I came back up, he was with another women and has her name on the unit with his, but not my name. Everything of mine is in there. I have no job, no insurance, no car. He destroyed all that. A lawyer told me off the record to break the lock, get my things, put a new lock on there and give him a key. He won’t return my calls. He is a convicted felon, on probation. I have my gun in the storage unit too. I thought my name was on there, but it’s not.

Asked on August 27, 2011 Indiana

Answers:

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

Answered 10 years ago | Contributor

The reason the attorney told you "off the record" to break the lock is because an attorney can not advise a person to break the law.  And that goes here as well.  So the answer to your question is yes, you could get arrested for breaking the lock if your name is not on the unit even though your things are in the unit and he has no legal right to keep them.  Have you approached the storage facility about why your name was taken off the unit?  They really are not supposed to do that and you may be able to make enough of a stink to get them to open the facility for you.  Then technically you would not be breaking the lock.  Have you started divorce proceedings?  It may be time for you to consider that and filing something quickly to gain access. Good luck.


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