Regarding a temporary court order for the dissolution of marriage. The wife still lives in the residence, the husband does not. The divorce is not final, however, according to the order, he is prohibited from destroying or removing any property. Once he entered the property and took the property (without any police presence or other witness), does he open himself up for a burglary charge?

Was entry prohibited by the order? If not, you do not have a burglary case. It sounds like a contempt finding by the family court judge might solve the problem.

You should review the temporary orders in the divorce. Those orders will frequently include language awarding the temporary sole use and POSSESSION of the residence to one of the parties. So, if the wife was awarded sole use and possession of the residence, she has a superior right of possession.

Thanks for the replies. It does state that the wife has exclusive and private use and possession of the property while the case is pending. Thanks again.