Can my ex-husband be arrested if he stole my belongings from our home that is under both our names? 23 Answers as of June 27, 2013

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Steven Alpers | Steven Alpers
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.
Answer Applies to: California
Replied: 9/27/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
You cannot be arrested for breaking into your own home or taking your own property. Certain states have community property and some property actually "belongs" to one of the spouses. After people argue or separate they sometimes take their "own property" and the other spouse wants to have them arrested. It all depends on the circumstances and which state you are in. If there is a divorce and the property has been divided then you can be charged with stealing the other person's separate property, or it could be considered a civil matter. I would have the divorce lawyers settle the property dispute and not get he police involved or you may find yourself also arrested for theft of property. making a false police report, harassment, or any other crime you could be accused of in retaliation.
Answer Applies to: New York
Replied: 9/25/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
Yes.
Answer Applies to: Nevada
Replied: 5/22/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You can try to file a crime report with police. They will decide whether to pursue or not.
Answer Applies to: California
Replied: 9/19/2012
Natty Shafer Law
Natty Shafer Law | Nathaniel Shafer
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.
Answer Applies to: Utah
Replied: 9/21/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You should call the police but it may be considered to be a civil dispute.
    Answer Applies to: Washington
    Replied: 9/21/2012
    Mary W Craig P.C. | Mary W Craig
    If you have a divorce decree that sets out who gets what, and your ex-husband took items that were awarded to you, then at the least he can be charged with contempt, and possibly worse. If the decree did not cover the items you are talking about, you may have a harder time getting the DA to press any kind of charges.
    Answer Applies to: Alabama
    Replied: 9/19/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If it is under his name as well, how could he have "stolen" it? So no, he cannot be arrested.
    Answer Applies to: California
    Replied: 6/27/2013
    MatthewR. Schutz, Esq | Matthew R. Schutz
    Yes.
    Answer Applies to: New Jersey
    Replied: 5/22/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It would be difficult for your ex-husband to be arested and prosecuted for entering into a home that is his home. However, if he took things that did not belong to him It would appear he could be charged with theft of property. If there was a dispute that the items taken belonged to him, or to the both of you, I would think the issue should be resolved in the domestic relations court.
    Answer Applies to: Alabama
    Replied: 9/19/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes.
    Answer Applies to: Washington
    Replied: 5/28/2013
    Attorney at Law | Michael P. 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.
    Answer Applies to: California
    Replied: 9/19/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Not likely to be able to be charged. Change the locks and get a restraining order to keep him away.
    Answer Applies to: Nebraska
    Replied: 9/19/2012
    Hamblin Law Office | Sally Hamblin
    Generally, no. Would be marital property if the property you are referring to was not brought into the marriage.
    Answer Applies to: Michigan
    Replied: 9/19/2012
    Dennis John Woods, Attorney at Law | Dennis John Woods
    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.
    Answer Applies to: Michigan
    Replied: 9/19/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No.
    Answer Applies to: Michigan
    Replied: 5/28/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, that is a great way to build a relationship. Do you have children together? Are you looking for child support?
    Answer Applies to: Georgia
    Replied: 9/19/2012
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