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More husband and wife dispute issues
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June 30 2020
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Comment on husband and wife dispute from June 24, 2020
            Re:  Husband/wife disputes
 Wife> Please remove my husband from the alarm account and change password and code
Me  > Sorry Mam , you don’t have authority on the account .
Wife> How do I get authority?
Me> Sign a new agreement in your name, just as if you were a new homeowner moving into the house
             I am not sure this is the best way. When Mr calls in aggravated, I just say she asked to have the system changed into her name with a new contract.  We often also find sons and daughters with older parents do the same thing .
Joe S
            That sounds like a reasonable way to handle the issue, but I'm not sure about it being the best way.  The call you get from Mr just might be a claim for breach of contract.  If the husband has a signed contract and it's paid up to date and not otherwise in default, you breach the contract by terminating and signing up the wife.  Battling spouses are so busy fighting among themselves they don't have time or energy to focus their wrath on the alarm company.  Avoid getting in the middle.  Honor your contract and court orders if you get one served on you.  
Another comment
            In regards to the husband and wife issue, does voluntary abandonment or common domicile play into this regardless of which one signed the contract?  Regardless of the scenario, I don’t make any codes changes without it being a written and signed request by the individual making the request. 
Elliott Security 
            Generally, a husband and wife have the right to remain in the marital residence until they reach an agreement for one to leave or sole possession is awarded by a court.  
            You get a call from the wife to change the code.  You do it.  Then the husband calls and wants the new code.  Both are on the contract.  
            You should ask for some confirmation from an attorney whether either spouse has been awarded exclusive possession of the premises.  You should definitely be dealing with only the party who signed the contract.  If the wife didnt sign then she cannot request a code change. 
Another husband and wife dispute
            A client of ours going through a divorce and has sent us a notification from his lawyer to not make any changes to their alarm account without his consent based on the fact that he signed the contract.
However, the wife signed the installation Alarm monitoring agreement and is also listed as a priority contact on said sheet.  If we were unaware of their current discourse and one of the parties ask to add opening and closing to the account are we in anyway liable for a lawsuit?  
Letter Received: 
My office represents the Plaintiff, in the above-referenced pending matrimonial matter.
It has come to my client's attention that his wife, has recently contacted your company seeking to change the alarm codes, settings and notifications to the parties' residence, where my client presently resides. Please be advised that my client does not consent to any changes to the parties' alarm codes or security account. As it stands, both parties have access to the residence and any changes to the alarm system would represent an unauthorized attempt by Defendant to change the status quo. Accordingly, please refrain from making any changes to this account. Moreover, if the Defendant, or anyone on her behalf, contacts your company attempting to unilaterally change said alarm codes, settings or notifications, I request you immediately contact my office so we can seek appropriate relief at law. 
Thank you for your advice.
Best regards,
Husband's Lawyer

            As Hardy said to Laurel, "another fine mess you got me into".  
            Here the best way to proceed is to notify the lawyer that a request to change the code has been made and the lawyer should now proceed as he said he would, by seeking appropriate relief.
            If you find yourself in the middle of this dispute you do have another remedy.  You can seek declaratory relief before a court or arbitrator.  You would put both parties on notice that you will seek declaratory relief and you will demand attorney fees as permitted by the Residential All in One.  Without a court order or directive from the police I would not make any changes to the system with consent of all signatories to the contract.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301