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Discussion Starter · #1 · (Edited)
Hi, my friend's ex-common law wife has 2 guys coming over to take her stuff with her. Is my friend allowed to film them?
So if anything goes wrong he has evidence? It will be 3 vs 1, he is out numbered. The situation could go down hill for him fast.

The ex-wife has never worked in the entire 7 year relationship or contributed in anyway to the 70K in rent / any other bills. Also because the two have never officially become married, only common law. It's not allowed to split the furniture/assets 50/50. She has only been gifted a few items. How does he stop her from taking extra property. This law is called unjust enrichment by taking an ex-common law's belongings that aren't yours.
 

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The right to?

Is it his space, also?

I am very bad at law, but I have filmed a lot of stuff, including when people did not want me to. If it is public space or the person who has a right to be in the space is okay with the filming I have gone on ahead and done it. Let them call the police if they don't like it, and be sure to have a dummy device to show the police.

The world belongs to the bold.

When my sister in law went back to get her stuff we took friends, and weapons, and we filmed it ourselves. He was an abuser, with a police record of abusing her. You know, he opted to not call the police after all.

That was long ago in the Wild West. Don't take weapons!

But don't be timid. Mice don't win.
 

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I think you should plan to be there as well, unless you are legally restricted somehow. Can he have the police send an observer as well? If not, keep a bottle of pepper spray in your back pocket in case someone attacks you. Can he make a list of the things he believes belong to her and make it clear that he expects she'll take only those things on the list?
 

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It's going to depend on the laws where they live. Most states no longer recognize common law marriage, for example, so unless they live in a state that does - AND have a formal, legal dissolution of the relationship by a judge - she is only entitled to take what she brought to the relationship, what he gave her, or that she bought. He is entitled to film, but not record sound, unless she agrees or the law in that state permits voice recording.

If he has any concerns, he should have other people present to witness any disagreements over what she wants to take.
 
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Lists are meaningless. Filming is documentation.

It's a good idea to film.

From the sounds of your first post I think you have a very limited view of where and when it is legal to film. I am sure when you look into it you will find there is no law abridging your right to film in most any public space. There are a few, like in front of the White House, but not many.

Note, the street is a public space.

I did have the police harass me and threaten to take my camera once when they were arresting a kid outside a store in San Jose and they told me to stop filming. I am certain they were wrong, and I had the right to continue filming, but you can't argue with the police. Which is what the kid was doing, and he ended up beaten down. I didn't get it on tape though. But even though it would have been incendiary, the kid was resisting arrest and the police were just doing their job.

Don't argue with the police, except in court.
 

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Discussion Starter · #6 ·
Good point! Yeah, a witness on his part sounds very valuable and important to his safety.

Thanks so much for the replies. This advice really helps and will hopefully reduce the stress level of the situation.

Thanks again!
 

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Sure if he films them out in the open. And they know about it.
If he pays the rent as stated and his name is on the rental agreement he's bound to be able to film inside his house, outside as well.

ETA. He should call the police and have an officer come by.
 

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If he pays the rent as stated and his name is on the rental agreement he's bound to be able to film inside his house, outside as well.
That's probably true. He'd certainly be able to mount fixed security cameras wherever he wanted in his own house. Having mounted security cameras makes it less confrontational than holding one in his hand.
 
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