If you have the key to a house, is it still breaking and entering? 6 Answers as of August 30, 2013

I moved in with my boyfriend and while he was deployed, he decided he wanted me to move out. Now he is saying I cannot get my stuff. Even though I have a key if I go in and get my belongings, it will be breaking and entering is that true?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Breaking and entering in Michigan has to have the intent to steal or commit another crime, getting your own things does not count.
Answer Applies to: Michigan
Replied: 8/30/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You should be able to get your belonging out of the house. Go with a witness to do so.
Answer Applies to: Nebraska
Replied: 8/30/2013
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
Depending how long you have been gone, it very well could be breaking and entering.
Answer Applies to: Georgia
Replied: 8/30/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
Breaking and entering is not a California legal concept. If the question is about burglary, that requires a certain intent when you enter, and if your intent is solely to pick up your own stuff to which you have a right of possession, it is not burglary.
Answer Applies to: California
Replied: 8/30/2013
Gates' Law, PLLC | Thomas E. Gates
Yes, it is true since you know longer have permission to enter. I do not know if a civil standby would be permissible in this situation.
Answer Applies to: Washington
Replied: 8/30/2013
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