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

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

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 on December 11, 2011 under Family Law, California

Answers:

David Lee / Law Offices of David Lee

Answered 9 years ago | Contributor

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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