Property question

[IceMountain]

Let's say a married couple store their belongings in a storage unit that is only in the wife's name. The couple split up (not legally separated). The wife has the locks on the unit changed to prevent the husband from entering the unit and removing or destroying any items.

The storage owner has been compliant with wife's requests for lock changes and has agreed to stand-by while husband removes specific items only from the unit when wife is not present.

Now husband wants more than what was agreed he could remove. Husband states he is going to get an injunction so that he can enter the unit and remove his property.

The property is stored in a unit in Iowa. Husband's legal residence is Iowa and wife's legal residence is Wisconsin.   (Couple moved to Iowa to be closer to husband's son.  He obtained Iowa license right away because of new job.  Wife did not establish residency.  Wife moved back to Wisconsin 3 weeks after move.)

Is the property community property? Do both spouses have the legal right to enter the unit even though only one spouse is on the lease? Is the storage owner violating any laws by changing the locks and limiting access?

And advice?

[mistoffolees]

Not a legal opinion, but I'd be very careful. If the storage unit is in the wife's name and husband enters it without permission, he might find himself facing a trespassing charge.

Even if something of his is in the unit, it could be argued that he should try to obtain access via legal channels rather than take things into his own hands.

They're going to have to file a divorce decree, anyway. Unless there's something there that he really needs this instant, it's probably better to deal with it as part of the divorce decree - especially since stbx has already allowed him one chance to remove his most important items.

[MixedBag]

EX#3 and I put our stuff in storage too 18 months ago when we sold our home to get ready to move into our new home.  New home not finished and still under construction, so we had to put stuff in storage.

He pi$$ed me off and we separated while our stuff was in storage.

Both storage units were in my name.

I moved into my new home before he moved into his new home (the house we were supposed to buy).

And he said I could take what I wanted, so I did.  It was only his stuff left in storage.

He failed to pay the storage unit bill.  It was in my name, and came to me.  He really failed to take over the contract as he said he would do.  Storage unit owner would not change it over to his name and I said "Fine, put a new lock on it."  -- found out legally they can't do this until 3 months have passed and they wouldn't let ME off the hook either since HIS stuff was still in there.

So I hounded him, and I think he paid before he got his stuff -- who knows, they never came after me for lack of payment.

So -- my name on the contract, not a community property state, the property was in my possession.

If I wanted to hang on to it, I could have -- and he would have had to ask for it in a divorce.

Not even sure community property state fits into it anywhere....otherwise they would say "You can pay the bill and here's a key etc..."