QUESTION
Can I charge my wife with theft if she sold something of mine without my permission?
Asked on Aug 28th, 2012 on Criminal Law - Texas
19 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You clearly need a divorce lawyer.
Answered on Jul 17th, 2013 at 1:33 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If it is yours alone, separate property, it is possible. However, police would probably tell you this is a civil matter. If you do file expect her to become your ex-wife.
Answered on Sep 05th, 2012 at 8:28 PM
If this was personal property belonging to you alone and not community property then report it to the police.
Answered on Sep 04th, 2012 at 12:14 PM
Estate Planning Attorney serving Farmington Hills, MI
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Law Offices of Matthew M. Friedrich, P.L.L.C.
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Technically, individuals do not charge others with crimes. You would report a suspected crime to the police and, in most cases, they would decide if charges should be presented to a prosecutor for the authorization of a complaint and warrant against the suspect. That said, you may want to consider making a police report if you think you are the victim of a crime.
Answered on Sep 03rd, 2012 at 10:35 PM
1 Award
Probably not. If you are legally married, then she has legal ownership in the electric bass, too. Unless you are separated and their is some sort of court order preventing her from selling anything, she can't be charged criminally.
Answered on Aug 31st, 2012 at 2:53 PM
Dennis P. Mikko
You could make a police report. It would be up to the prosecuting attorney whether any charges were brought.
Answered on Aug 30th, 2012 at 9:53 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She could be prosecuted not only for theft, but also for dealing in stolen property. I would suggest that you speak with her about this as opposed to reporting it to the police. Dealing in stolen property is a very serious crime, and it will cost many thousands of dollars to defend.
Answered on Aug 30th, 2012 at 12:38 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Well yes you can sue her but it appears there is a lot more going on than just the sale of the electric bass.
Answered on Aug 30th, 2012 at 12:21 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Sure, if you can convince the police to take the report, and the DA to file. I wouldn't hold my breath.
Answered on Aug 30th, 2012 at 12:18 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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No. You can't charge anyone with anything unless you are a district attorney. If it's that big of a deal to you, call the police. But why would you want to invite the government (i.e., law enforcement, judges, prosecutors, etc.) into your personal lives to solve such a simple problem?
Answered on Aug 30th, 2012 at 12:14 PM
Nope, not unless you happen to be the Distrct Attorney.
Answered on Aug 30th, 2012 at 9:39 AM
Michael J. Breczinski
Yes but this could end your marriage.
Answered on Aug 30th, 2012 at 9:38 AM
No. All of your property is jointly owned. You would need to divorce her.
Answered on Aug 30th, 2012 at 8:53 AM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
Yes, if it wasn't community property, (in California), in which case of it was hers, so you'd have to charge her with stealing of the bass. Hey, find a good divorce lawyer also.
Answered on Aug 30th, 2012 at 8:31 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Probably not. If you are a marital community, the assets of the marriage are presumed to belong to the marital community. Doubtful you will ever find a prosecutor to prosecute this one. Further, if you are willing to charge your wife with theft, maybe you should think about ending the marriage. By doing so, you will be able to end the possibility that she might sell something else of yours in the future.
Answered on Aug 30th, 2012 at 8:11 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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You can file a complaint with local law enforcement. It is unlikely they will prosecute however.
Answered on Aug 30th, 2012 at 8:09 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will probably have a very hard time getting your county prosecutor to bring a prosecution unless she is your ex-wife and you were awarded the property in at divorce judgment. Sounds like you marriage is at an end, I would suggest you see and attorney before more of your property disappears and things escalate.
Answered on Aug 30th, 2012 at 1:38 AM
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Seems a little over the top, huh? But, likely yeah especially if you owned it prior to marriage.
Answered on Aug 30th, 2012 at 1:34 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Not likely the police would accept charges unless you were already separated at the time. And, if it was acquired during the marriage (but not as a gift to you), then it is community property and she had as much legal right to it as you do.
Answered on Aug 30th, 2012 at 1:32 AM