Legal Question in Criminal Law in Arkansas

Property

If a husband and wife own property and one spouse is charged with killing the other but has not yet been convicted in a court of law, Does the surviving spouse still own the property or does the property convert to the deceased spouse family members. I know that the surviving spouse cannot benefit from his/her crime but how does that relate to property.


Asked on 1/14/04, 12:14 pm

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: Property

It first depends on how the property was owned. As husband and wife, it was probably tenancy by the entirety. That means that the surviving spouse would automatically receive the entire property to their self. However, as you correctly stated, you cannot profit from your crimes. This includes property. Since there has been no conviction, the surviving spouse would have a right to the property alone. This would apply to the entire estate of the deceased, depending on how long they have been married and whether they had any children. There would have to be a case filed to prevent the survivor from receiving the property unless convicted. Even without a conviction, this is possible because it is a lesser standard in the civil court that this would be heard in.

I hope I didn't complicate this answer too much, but if you have any more questions, I will be glad to try to help.

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Answered on 1/14/04, 3:01 pm


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