QUESTION
Can my ex-husband be arrested if he stole my belongings from our home that is under both our names?
Asked on Sep 17th, 2012 on Criminal Law - California
11 ANSWERS
If it is under his name as well, how could he have "stolen" it? So no, he cannot be arrested.
Answered on Jun 27th, 2013 at 10:13 PM
Steven D. Dunnings
No.
Answered on May 28th, 2013 at 7:51 PM
Thomas Edward Gates
Yes.
Answered on May 28th, 2013 at 7:46 PM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 2:42 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It depends on what he stole and whether the property had been divided or not. If property not divided it is unlikely the police will arrest him.
Answered on Sep 27th, 2012 at 11:19 PM
1 Award
Possibly. I would need to know more about your situation. Are you divorced or just separated? If you are divorced and the items were yours, then he can be arrested for theft and maybe even burglary.
Answered on Sep 21st, 2012 at 4:38 PM
Michael J. Breczinski
Yes they are not his goods.
Answered on Sep 21st, 2012 at 4:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What things, what orders are in place? The judgment will govern. See an attorney.
Answered on Sep 21st, 2012 at 4:19 PM
Michael Paul Vollandt
It is possible that theft of community probably could be the subject to a criminal charge but not likely until that item is divided by the court. Then if someone takes it it could happen but again not likely.
Answered on Sep 19th, 2012 at 2:35 PM
Probably not, the police hate to get into the middle of a civil quarrel and will probably try to send you to court under the divorce case. But since you are divorced, it seems that one of you would have been given sole occupancy of the house even though it is still in both names and that would make the act criminal if you could show that the belongings were either clearly yours or were awarded to you in the divorce. Then they might at least talk to him. Even if they make an arrest, the prosecuting attorney has to make a decision whether or not to prosecute and they usually have a lot of very serious stuff on their plates. I would take it to circuit court. It would be the same case as the divorce. Pleae note that I can only suggest action based on the information you gave me. Even a small twist in the facts could render this invalid.
Answered on Sep 19th, 2012 at 2:34 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can try to file a crime report with police. They will decide whether to pursue or not.
Answered on Sep 19th, 2012 at 2:33 PM