Legal Question in Family Law in West Virginia
Gaining access to photograph personal and community property for divorce.
I am seeking to gain access to the home in which my wife is currently residing in (which we resided in until divorce proceedings started) in an effort to photograph many items of my personal property (which I had owned before we met), and many items that would be considered community property that we had aquired throughout our marriage. She has elected to return to me items that she ''deems'' my personal property and has denied me access to the remainder. There are no warrants or orders, etc. There was never any abuse in our relationship. Is there any process or procedure that would at the very least allow me access to take photographs, or perhaps removal of the remainder of my personal property? Thank you for any guidance you could offer. I was thinking that I should be able to go to the Sherriff, and have an escort with me to photograph? Am I wrong? Thank you.
1 Answer from Attorneys
Re: Gaining access to photograph personal and community property for divorce.
You do not say whether there are any temporary orders issued. If there are not and the house is in both names or the lease is in both names, you have the same right of access that she does. Understand, however, that this does not give you the right to enter by breaching the peace and any surreptitious entry leaves you vulnerable to a claim that you took things or damaged things. So effecting self help is a risky proposition.
You should file a motion and request a hearing for a temporary order that reasonably protects your interests without unduly interfering with your wife's right of privacy. Sometimes that is done (if necessary because of a n abuse or harassment restraining order) under the supervision of of a law enforcement officer, but only with a court order -- law enforcement personel will not usually otherwise get involved in a civil action.
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