They're separated. A divorce action is pending. Wife moves out of the marital home, which is in both names. Husband changes the locks. Then, while he's away on vacation, she hires a locksmith, enters the house and removes various items. Although she's arrested for burglary and trespass, the charges are later dropped and no criminal prosecution ensues. When she sues for false arrest, the case is ultimately dismissed : the arresting officer had probable cause. Finigan v. Marshall, F. 3d. (2d. Cir. 2009); August 5, 2009
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