Legal Question in Civil Rights Law in Texas

Soon to be ex-husband changed the locks and wont give property back

My sister left her husband yesterday. She was living in a trailer with her husband and her three children from a previous marriage. The trailer was being rented from a friend of her husband. This past weekend there was a verbal fight and she left the trailer, leaving all of her clothing, make up, dishes, couches, bed and bedding etc. (Everything in the trailer is hers, minus her husbands musical equipment) Her husband has spoken to his friend that he rents the trailer from and had him type out an eviction notice and taped it to the door. The eviction notice sites the reason for the eviction as noise violations and domestic disturbance reasons the time limit is seven days. Her husband has also changed the locks on the door of the trailer so my sister cannot get inside. My sister wants nothing to do with her husband and only wants her stuff from the trailer.

Does my sister have the right to call the police and have them let her in to get her stuff from the trailer?

Does her husband have to let her in, or the police?

Does she have the right to break in if he is not there at the time?

Can the owner, Ron, be forced to let her in to get her possessions?

--name removed--


Asked on 7/14/03, 11:29 am

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Soon to be ex-husband changed the locks and wont give property back

If your sister's name is on the lease, she has a right to be in there, whether the locks have been changed or not.

Ron has to give her a copy of the lease, and she can take that to the police department/court and have them grant her access to her things.

Her husband has no right to prevent her from getting her stuff, and if Ron doesn't comply, he will be liable for any hardship your sister endures based on his complicity in the illegal lockout.

A lawyer's letterhead and phone call to the police/Ron will get things moving faster, I suspect.

You can also file a court action and get an injunction against this silliness. Your best bet is to retain a lawyer to see her through this, and that way if legal actions need to be taken, s/he can get on it right away. The longer she stays out, the less right she has to get back in.

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Answered on 7/14/03, 11:47 am

Re: Soon to be ex-husband changed the locks and wont give property back

A local should be able to help her. I highly recommend that she speak with a local attorney about any legal remedies that she may have.

She does have the right to call the police and ask for their help. She can go to the police, they should have a domestic relations section and they may be of assistance in getting her belongings.

Does she have the right to break in if he is not there at the time? Speak with an attorney or the police but she should not commit a crime as it will cause more harm than it will help.

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Answered on 7/14/03, 11:47 am


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