Legal Question in Criminal Law in California

Re: Embezzlement or theft?

The fact that you purchased the vehicle after separating does not make it separate property. Money you *earn* after separating is separate property as are debts you incur after moving out. But if you have cash on hand when you separate which was community property during the marriage then it remains community property afterward until allocated by the court, and so does anything you purchase with it. If the law worked the way you seem to believe a spouse could move out, spend all of the community funds and then have sole ownership of whatever he (or she) purchased with them. This would be manifestly unjust and would give people who are about to separate perverse incentives to spend on themselves money that belongs to both spouses -- which seems to be what you have done.

Since I know nothing about the financial arrangements you and your wife had while living together I can't say whether the money you spent was community property or not. It most likely was, but for the sake of argument I will presume that it wasn't. Under this scenario your wife committed theft but not embezzlement. And regardless of who owns the car, the parking tickets and freeway tolls are her sole responsibility.

Re: Embezzlement or theft?

You should file a motion to get a court order that you have sole use and possession of the vehicle. Further that she is fiancially liable for the tickets, unpaid toll fees and any other liability that she has incurred. After getting the order for exlusive use and possession of the vehicle you can go to wherever the vehicle is located and pick it up. Then change the door and ignition locks, and request that she pay the cost. To proceed under a criminal prosecution will be very difficult.

Re: Embezzlement or theft?

I think the previous attorney responses are accurate. You will need to handle this matter in Family Law Court. You have already called the police and they told you they cannot do anything. If your name is on title, you could be liable for a lot more than what she has presently incurred in your name. Get into Court ASAP. I would do an ex parte osc to shorten time for filing, serving, and have heard, a motion on the subject.

Since you are in Folsem, my firm probably would not be able to help you unless you are willing to pay for travel time and expenses.