When the Law Isn't on Your Side: How Divorce Can Complicate Property Rights and Limit Private Investigators

At Preventative Measures Investigations (PMI), we often work within high-conflict family law cases. These situations are emotionally charged, legally complex, and often unpredictable. Among the most misunderstood elements of family disputes is the assumption that property ownership automatically grants the right to control access, especially during a divorce.

In one recent case, PMI was called upon to provide surveillance and documentation at a residential property where a marital dispute was unfolding. The homeowner, a PMI client, had received credible information that their estranged spouse was planning to enter the property with a locksmith. The client had sole ownership of the home, supported by a prenuptial agreement and utility records. They were out of the state at the time and deeply concerned about unauthorized access and the security of firearms stored on-site.

PMI responded with prompt surveillance and liaison with local law enforcement. The home’s alarm system, private security cameras, and our on-the-ground investigators all worked together to ensure the event was professionally documented in real time. Entry was gained with a locksmith. The alarm was triggered. Law enforcement responded.

But here is where the law turns gray.

Despite the property being legally owned by one spouse and the other having no key or alarm code, law enforcement officers ultimately cleared the scene without removing the individual or pursuing charges. Why? Because in the eyes of the law, the marriage had not yet been legally dissolved. The spouse’s name remained on the driver’s license at the property address. That single detail carried weight, enough to halt enforcement and limit PMI’s role to observation only.

This is a reality many clients do not expect. Ownership does not always equal exclusivity. Until a divorce is finalized, courts may interpret both parties as having legal access to marital assets, including the primary residence. In cases like this, PMI cannot interfere, remove parties, or prevent entry. Our duty becomes clear: observe, document, and preserve the integrity of the evidence.

What could the client have done differently? That is a conversation between them and legal counsel, but the broader lesson is this: even when you believe you are protected, the legal system may view things differently. Without formal court orders, injunctions, or finalized divorce decrees, assumptions about privacy and control can be quickly undermined.

PMI remains committed to supporting our clients with integrity, professionalism, and precision. When the law ties our hands, we ensure that what happens is recorded with accuracy and prepared for use in civil court. Surveillance, photo documentation, law enforcement liaison, and detailed incident logs all become critical tools for the long game.

Family law cases can be chaotic, emotionally taxing, and legally frustrating. At PMI, we help bring clarity to the chaos, one documented moment at a time.