Q: Do I need a search warrant to find out if my ex-wife has some of my belongings?
Our divorce was finalized on 2-28-2022. Soon after the divorce, I let her know that I needed to pick up some personal items that were still at her house. I have been trying to get in touch with her, but she will only communicate through her daughter (my former step-daughter). Among my belongings was some foreign currency that she kept in a fireproof safe in her closet. She told her daughter that she no longer has the currency, but I don't believe her. What do I need to do in order to search the house and the fireproof safe?
A:
Under California law, you cannot legally search your ex-wife's house or safe without her permission, even if you believe she has your personal belongings. Entering her property without consent could be considered trespassing, and opening her safe would likely be viewed as an invasion of privacy.
In this situation, you have a few options:
1. Continue to communicate with your ex-wife, either directly or through a mediator (like your former step-daughter), to arrange a time to collect your belongings. If possible, try to maintain a cordial and respectful dialogue to encourage cooperation.
2. If your ex-wife refuses to return your belongings, you can send her a formal written demand letter, outlining the items you believe she has and requesting their return by a specific date. Keep a copy of the letter for your records.
3. If she still does not return your belongings after receiving the demand letter, you can file a claim in small claims court to compel the return of your property or to seek compensation for the value of the items. In California, you can file a claim in small claims court for amounts up to $12,500.
4. In extreme cases, if you have strong evidence that your ex-wife is in possession of your property and is refusing to return it, you might be able to persuade a judge to issue a civil search warrant. However, this is a rare occurrence and requires compelling evidence.
It is generally best to exhaust all other options, such as negotiation and small claims court, before considering more drastic measures. If the situation escalates, it is advisable to consult with a local attorney who specializes in family law and property disputes.
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