Legal Question in Family Law in Alabama

Theft by wife of incarcerated brother's posessions.

My brother was arrested in January 2005. Since that time, his wife has successfully disposed of everything he owned, including two pet snakes, two vehicles (both of reasonably high resale value), and all personal possessions including but not limited to clothing, DVD's and VHS movies. For the past year she has sworn she would wait for him to be released, and up to a letter he received from her last week, continued to claim faithfulness. However, I have learned that not only has she been dating other men during his incarceration, she has now also begun the process of divorcing him. Is there any recourse that can be taken to make her pay for her actions since his incarceration? The overall value of his belongings prior to his incarceration was approximately $10,000. He did give her authorization to sell his belongings with specific purpose of paying his fines. Not one penny from the disposition of his belongings has gone to pay any of his bills. I have also learned that he did not sign away his rights to the two vehicles, but rather the signatures on the registration tags were forged to facilitate disposition/destruction.


Asked on 2/03/06, 11:01 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Theft by wife of incarcerated brother's posessions.

When he gets served with the divorce papers, he should file a counterclaim for divorce. Then her actions will come out whenever there is a hearing. The judge can order her to make restitution.

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Answered on 2/03/06, 1:05 pm


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