Can my husband have me arrested for burglary?

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Can my husband have me arrested for burglary?

My mother-in-law passed a year ago. My husband and I lived in her house together until about 9 months ago when he moved in with his girlfriend. He gave me the OKto remove everything in the house that he hadn’t already taken and told me to sell it. Now he is telling me he is going to have me arrested for burglary if I don’t give him his belongings.

Asked on March 10, 2012 under Criminal Law, Missouri

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 12 years ago | Contributor

To make out a charge for burglary, the prosecution  would have to show that you 1) broke into the home 2) entered the home 3) and had an intent to steal. Not certain of all the facts, but if your husband gave you permission, you had a key or someone inside the home voluntarily let you in, and you took items that belonged to you, then your husband would have a difficult time showing you burglarized the home.


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