Can my wife take property out of the house and both cars if we are not divorced yet?

Question Details:

She has been with another man and while I was gone at the hospital she and her new man came and took the TV, kids gaming systems, washer and dryer, 2 quad dirt bikes, my paycheck and both the cars.

Asked 12/11/2011 under Divorce, Marriage, Alimony | 678 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

David Lee / Law Offices of David Lee Answered 5 months ago | Contributor This attorney is licensed in Illinois

Your personal property is considered "Marital Property" if it was acquired during the course of the marriage.  She technically can't be charged with theft if the property is considered "Marital Property". However, you also have an interest in the property that was taken, assuming it was "Marital Property."  If you have already filed for divorce, your attorney can file a motion to have certain items that were taken returned to you.  It would be in the discretion of the Judge to order a return of your property. For more information on Divorce and Property, visit my website at: http://davidleelegal.com/  

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