Marital Property

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Marital Property

My husband and I are separated, not legally. Just before we split, my husband bought a truck and a boat from a friend and he would make payments. This was in Aug-Sept. He moved out of the house in Sept and for 3 weeks he came in and out of the house taking whatever he wanted. He took the truck, but left the boat. I moved 2 weeks ago. He never got the boat so I took it with me. Then, 2 days ago, I received a phone call from the police dept asking me If I had the boat. My ex had his friend contact the police to file a report that the boat was stolen. The officer told me that the friend had shown him a picture of the title in his name. I do not know if my husband ever registered the boat or the truck. The officer told me that if I didn’t cooperate he would file a report that the boat was stolen and list me as the suspect. If my husband never registered the boat is it still marital property? Also, am I at risk for criminal charges?

Asked on November 19, 2018 under Family Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If ownership wasn't actually or properly transferred to your husband, he never legally became the owner. If he didn't own it, clearly it's not marital property: the first requirement for something to be marital property is to prove that a spouse ownes it, but it appears that you cannot prove this. Return the boat for now; if your husband has proof that he bought the boat, legal action can always be taken later to recover it.


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