Dividing property during a divorce is often one of the most difficult and emotional parts of the process. When one spouse removes, hides, or sells assets without the other’s knowledge or consent, the situation can raise serious legal questions—especially when it comes to property that was acquired during the marriage.
Below, our friends at Archambault Criminal Defense discuss how actions like these can lead to accusations of criminal wrongdoing, including theft.
When Property Is Considered Marital
Regardless of whose name is on the title, marriage property is typically considered to be anything acquired by either spouse during the marriage. This can include homes, vehicles, bank accounts, investments, furniture, and more. In a divorce, both parties have a legal interest in this property, and it’s up to the court—or an agreement between spouses—to divide it fairly. Taking items without permission before this division occurs can complicate the divorce proceedings.
How Timing And Intent Matter
Not every instance of taking shared property is treated the same. A spouse removing items from the home during a separation may do so out of necessity or to protect their belongings. However, if the intent is to permanently withhold the items from the other spouse or to hide assets, that’s when legal problems arise. Courts will look at the intent behind the action and whether it was done secretly or dishonestly.
When Civil And Criminal Issues Overlap
Property disputes in divorce are typically addressed in family court. However, if one spouse intentionally takes, sells, or disposes of assets to deprive the other, there may be grounds for criminal charges. Depending on the value of the items involved and the circumstances, this could rise to the level of theft under state law. While most divorce disputes stay in civil court, it’s not uncommon for one party to contact a theft lawyer if they believe the other spouse acted with criminal intent.
What To Do If Property Is Missing
If you suspect that marital assets have been hidden, sold, or taken without your consent, speak with your family law and divorce attorney. They can help you compile documentation and financial records to back your suspicions up and then bring it to the court’s attention. In many cases, the court may award a larger share of remaining assets to the wronged spouse or require the other party to account for the missing property.
Protecting Yourself During Separation
During the early stages of a divorce, it’s important to take inventory of all shared property. Make copies of financial records, titles, and any other relevant documents. If possible, work with your family law and divorce attorney to file temporary orders that prevent either party from selling or transferring property until the court can decide how to divide it fairly. This can help reduce the risk of disputes escalating into legal battles beyond family court.
Disagreements over property are common in divorce cases, but some actions may carry criminal consequences. Whether it’s intentional or accidental, removing marital property without agreement or court approval can put one spouse at legal risk. When this happens, the spouse who is being stolen from has a right to bring this to the court’s attention and a licensed family law lawyer can help do this.