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Family Forum / Marriage / Divorce / September 2005Considering looking into filing criminal charges...can I?
Has anyone here heard of one spouse filing criminal charges against another because of neglect of the residence? It is major!! Things of mine are broken. Holes in the walls. Kitchen cabinets broken. Yesterday I went over there and there are 16 piles of dog poop in the back yard with trash strewn everywhere! NO ONE WOULD BELIEVE THE CONDITION OF THE INTERIOR! The appraiser I hired ...gave me an appraisal 25 thous less than its value. Then when asked if he would give me an appraisal of the value if cleaned up and fixed up...he said... he didnt want to get involved!!! The man had to run out on the porch to get fresh air!!! My prior lawyer never told me to get an appraisal before I was ordered to leave (that is another whole SICK STORY that my current lawyer cant figure out!) All my lawyer states is that we could file motion for dissipation. I have taken picture after picture of the house and told him a million times to clean it up and he vacumed and screamed at me to come in with my digital camera now... "He vacumed"...over the poop stains on the dining room rug! I can not get a proper appraisal without it being cleaned up!!! I am telling you this, he is going to get that house cheap as HELL... and then we will see him clean it and sell it to make thousands more! GRRRRRRRR Does any one here have any ideas what they would do under these circumstances? > I am telling you this, he is going to get that house cheap as HELL... > and then we will see him clean it and sell it to make thousands more! > GRRRRRRRR Is he really that smart? Or is he being self-destructive. Sounds like a miserable way to be a master of deception. You may consider something in the decree about splitting assets on the sale of the house. In the end, you're going to take a financial beating no matter what happens. Pick your battles. If this is it, fight it. Remember the other stuff, too: custody & c/s, 401k, stock/investments/savings, property inside and outside the house... They could offset some of the loss on the house. - Saul >>I am telling you this, he is going to get that house cheap as HELL... >>and then we will see him clean it and sell it to make thousands more! >>GRRRRRRRR OP .. one word. Prozac. Rambler > Has anyone here heard of one spouse filing criminal charges against > another because of neglect of the residence? There is no such thing as criminal neglect of a residence. It is a civil matter. > It is major!! Things of mine are broken. Holes in the walls. Kitchen > cabinets broken. Yesterday I went over there and there are 16 piles of [quoted text clipped - 25 lines] > Does any one here have any ideas what they would do under these > circumstances? Didn't you post about this a while back? Did you take pictures then? My DH got the house, without having to give her any equity, because he proved to the judge that she caused the appraisal to go down. Find another appraiser. Sheila > Didn't you post about this a while back? Did you take pictures then? > [quoted text clipped - 3 lines] > > Sheila Yes I did Sheila. I thought after sending a cd to his lawyer that the matter would change...instead, she wrote "he cleaned the house" end of story! OMG...what a joke! Tell me more about this situation above if you know any more details. Do you have a case number or anything I can read or show my lawyer about it. I have scoured the internet and only found dissipation of Money...not the house! As far as the health dept when I called them, they said i would be calling a complaint in on myself since technically i still own the house. RATS??? yes, i think at the very least mice are now in the basement and rats are all over the back yard at night! I have an appt with my lawyer tomorrow, and I am telling her that if the situation doesnt improve within 1 week, I am calling the health dept...no matter what! NO ONE IN THEIR RIGHT MIND WOULD DO THIS TO A HOUSE! However, this man is so determined that he will not give me a "RED CENT" he is. Tell you what after 21 years of trying to make that house look like a million dollars with out a million dollars... it makes me very very sad! Maybe if he would have cared for it as much as I did day after day... he wouldn't have done this! To me, it is a sin!!!! I've got to find another appraiser to try and value it from pictures I have of the interior, but I have plenty of witnesses that will go to court and testify that he has allowed the house to go to complete HELL!!!! I don't know if I should wait til the 25th of Oct and show the judge herself on my laptop cd's that show the house before I left and what its like now. It's not just the house however it is furniture. I have Bedermier chairs in there that are laying under an antique buffet, in piles on the floor. When I left there were six chairs, now there are two! Bedermier chairs are EXPENSIVE! I saw a set at an antique shop for 10,000.00!!! They were a gift to me from my mother! He is contesting that as well! This man, trust me, the whole time we were married (21 YEARS) bought ... A refridge, A stove, A dishwasher, tools, for our house! THAT IS IT!!! Hard to believe isn't it? I had everything we ever needed and what I didnt have my mother gave me, because we could never afford anything new. What my mother gave me was antique and now he wants half of the value of that stuff too! We had a court order that no property was to be removed from the residence. He was in charge of these things and there are now, many ,many things broken and destroyed! This all sucks.... totally sucks, and the only reason I am fighting for this stuff is because I took care of it all for years, just in case I needed the money or had to sell it for my sons college educations. He has damaged my things and our house! Total nightmare on Elmstreet! > > Didn't you post about this a while back? Did you take pictures then? > > [quoted text clipped - 13 lines] > about it. I have scoured the internet and only found dissipation of > Money...not the house! Basically, when they went to court, DH brought pictures to show the condition of the house upon her moving out. He also had pictures that had been taken a couple of months before he left the house (not of the house, per se, but him, her, and the kids *in* the house) to show that the house had not been like that when he left. She has maintained residence in the house for about a year after he left, and then left it (with a cat in it), to move in with her boyfriend (after trashing it, of course). He brought comparables from other neighborhood houses that had been sold over the last ten months, and an appraisal that demonstrated that the current value was significantly lower than that. His lawyer argued that she had lowered the value of the house unilaterally, and so it should come out of her side of the equity. Sheila >> > Didn't you post about this a while back? Did you take pictures then? >> > [quoted text clipped - 31 lines] > > Sheila Sounds to me like Sheila has a good idea - 1.)You have pictures from before you moved out showing the house in good order. 2.) You have pictures from now showing the house not in good order. (Be sure to get pictures of the broken furniture, too.) 3.) You have an appraisal saying what the property is worth now. 4.) Follow what Sheila said and find out what comparable properties in your area are currently selling for. 5.) Subtract #3 from #4 to assign a dollar value to the damage to the house while it was under your stbx's control and ask the court to reflect that value in your share of the monetary settlement 6.) Find out what the comparable antique furniture would sell for now. 7.) Either find out what the value of your antiques are in their current condition and subtract from #6 to assign a dollar value you due you, and ask the court to return the furniture to you - or ask the court to increase your share of the monetary settlement to cover the "should have been" value of the antiques, and leave the furniture with him. >Has anyone here heard of one spouse filing criminal charges against >another because of neglect of the residence? [quoted text clipped - 28 lines] >Does any one here have any ideas what they would do under these >circumstances? Wait for it to get infested with rodents, he'll get hantavirus and die, and the health department will come in and clear it after that? (no kids there, i hope, otherwise call the health department now) THANK YOU ALL! I have some ideas at least to present to my lawyer tomorrow... BTW ML the biggest rat......LIVES THERE!!! Now Im going to picture him with a tail and whiskers! Better than the visual of him naked!!! lol > THANK YOU ALL! I have some ideas at least to present to my lawyer > tomorrow... > > BTW ML the biggest rat......LIVES THERE!!! Now Im going to picture > him with a tail and whiskers! > Better than the visual of him naked!!! lol Why don't ya just email him from home right now? Ooops. On second thought, better skip that idea. It would probably cost ya $75 an email, like for that gal from Buffalo (and he didn't even reply to her emails - or read them, from what she said). The man wouldn't spend money on a computer for himself or his sons! EVER!!!! The computer is Evil don't ya know! However he managed to call aol and get my password saying he was me!!!! and broke into my email. Alt support thyroid was worth the look though!!!! and some emails about his dastardly behavior to friends! Unfortunately he neglected to read those though! Too bad, he might have learned something about himself. ms, I am not up to date on your situation, but I do have a major concern that may help you out. Do you and he share custody of children? If you do I would worry about them. And I'd go for full custody of the children due to how the house looks. A custody evaluator would be very interested in looking at the home and the pictures that you have taken as it doesn't sound like a place a child should have to live in. If a custody eval was ordered I bet he'd clean the damn thing up with his tooth brush. Or he'd lose custody of the child(ren). FWIW. Big RJ > Has anyone here heard of one spouse filing criminal charges against > another because of neglect of the residence? [quoted text clipped - 28 lines] > Does any one here have any ideas what they would do under these > circumstances? I did get custody of my only minor son...with out that! He 302 ed him after a fight in the house and he showed up with bruises. ;( I have only one other son really living there, and he only is there for convenience of location with HS and a job..but hopefully that will change soon, he has now graduated. Thanks for your concern. >I did get custody of my only minor son...with out that! He 302 ed him > after a fight in the house and he showed up with bruises. ;( [quoted text clipped - 4 lines] > > Thanks for your concern. Good deal. I just know that custody evaluators are very interested in a minor childs living conditions. I hope you get full legal and physical custody of your child. Good luck. I did see a bunch of good suggestions. Get your attorney to fight for you to get what you deserve. You seem to have good documentation as to what he has done to the home. Now nail him with it. Force a sale if you have to. Big RJ |
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