If I have the key to the house, can I retrieve my belongings without B&E or trespassing charges filed upon me?

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If I have the key to the house, can I retrieve my belongings without B&E or trespassing charges filed upon me?

We are divorced. I had to move back in with him after 5 months due to no income and living on the streets. He kicked me out when I would not resume my “wifely duties” (the agreement was that I would keep his house clean and cook in exchange for room and board, not sexual in nature). When he kicked me out, my parents invited me to live with them. I have no vehicle and have limited space, but I need to get my belongings out of his home. I have help, but now the ex is telling me I can come get it but to wait until he calls me. He never does, but I have a key to the house.

Asked on August 8, 2012 under Family Law, Mississippi

Answers:

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

Answered 8 years ago | Contributor

No, I would not use the key.  It will only get you in to trouble.  You can call the police and ask them to escort you to his home to retrieve your things or ask your parents to lend you some money to hire a lawyer to get them.  A letter may be all you need.  Good luck.


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