Can You Sue a Spouse for Theft?
“Theft committed against a marriage partner is not uncommon, especially among couples that are separated,” says Family Law Attorney Charles W. Wheland III. Despite this, it can be challenging to bring these criminal charges against a spouse. Since the ownership of money and property can become easily intertwined throughout a marriage, arguments arise on who may legally own the “stolen property.” Because of this, suing a spouse for theft of money or property is a complex issue that requires numerous important considerations.
Factors that Affect Spousal Theft Charge
Many factors may be the basis for a theft spousal theft charge. These factors include:
#1. The Agreement Reached During Divorce of Legal Separation
One of the areas that the court focuses on during a divorce process is the sharing of assets. During this process, properties are allotted to the partners equitably. If a spouse tries to lay claim to a property allocated to another through a divorce or separation agreement, it can be considered theft.
In this case, the individual can file a lawsuit to recover such property. If the defendant is found guilty, they may get charged with contempt of court. If the property originally belonged to the victimized partner but was signed away to their spouse in the marriage, they lose every right to the property and may get denied a hearing if they file a lawsuit.
#2. Workaround
The spouse may decide to take action to protect their property from being stolen during the separation or divorce filing period. For instance, one may require their spouse not to step into their property in a bid to protect their property from being stolen. If a spouse from this point enters another’s property to take possession of an item, it may be considered theft. Even if the warning was never issued from the onset, one could still charge their spouse for “breaking and entering.” The line of action always depends on the peculiarity of the situation, which is why speaking with an experienced attorney first before taking any action is best.
#3. Malicious Intent
The offending spouse’s intent for taking the asset will also determine if you should sue or not. If the reason for taking the asset is to deny the owner’s spouse access to the property temporarily, the action can be considered a domestic issue. On the other hand, if they intend to lay claims to the property or destroy it, the victimized spouse can file criminal charges.
#4. Property Categorization
During a proceeding, the judge determines how to share assets by grouping properties owned by the spouses into separate and marital properties.
Separate properties are properties owned by the parties individually, while marital properties include all assets jointly owned by the couple. Appreciation of personal property while the marriage lasted is considered a marital asset.
If the alleged theft concerns jointly owned assets, the spouse cannot file a theft charge since one cannot steal something that already belongs to them. However, if a partner denies one access or takes over a property that the victim separately owns, they can bring up a theft charge against them.
#5. Interspousal Immunity
Many states have long abolished interspousal immunity, but it is still a factor to consider when filing a claim against a spouse for theft. Interspousal immunity prohibits a spouse’s ability to sue each other. Some states make provisions for tort claims to be brought against a spouse with a clause that ensures claims get heard during the divorce proceeding. Other states permit couples to bring up such claims even when the pair are still married. What is obtainable depends on what state laws allow.
Marital Fraud Claims
During the divorce proceedings, many things can go wrong. A spouse can fail to disclose the existence of assets, which can affect the value of the total assets shared between the parties at the end of the divorce proceeding. This nondisclosure can be intentional, denying the other party access to such properties. They can significantly impact the case’s outcome even when not considered willful. If the victimized partner discovers fraud, they can file a fraud claim against their spouse.
Filing a successful fraud claim will require presenting substantial evidence that would prove that fraud occurred. If such a case pulls through, the court can take different stands. Depending on the peculiarity of the case, the court may share the property in question equally between the spouses. The court can also give the asset ownership to the spouse who is honest with their asset declaration.
Can I File Criminal Charges Against My Spouse?
The law treats spousal theft as a civil offense, and spouses can only recover their assets through civil proceedings. However, you may file criminal charges against your spouse based on the peculiarity of your case. If the spouse is found guilty, they must pay back all property they stole from you in full. The proceedings are usually governed by the laws that are operational in the state.
Conclusion
Deciding on whether or not to sue your spouse for theft can be challenging, especially when you are unsure what the law says about it. This is why speaking with an experienced attorney before filing a case is the best way to know if a case has merit based on your state laws and what first steps you can take to get due compensation.