Legal Question in Family Law in California

Possible theft of separate property?

I am in the process of a divorce, which hopefully will be complete within a month. Papers were served on my wife in April of 2005. My wife is still living with me has decided to remove items from the house, despite my warnings about the property restraining order on the divorce papers.

The main issue is this: some of the items (valued at about $4000) are separate property since I purchased them before the marriage. Is this considered theft? Should I contact the police and/or is there some other action I can take?

thanks


Asked on 3/15/06, 12:35 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Possible theft of separate property?

Generally, the police do not want to be involved in that they can't tell when you bought the stuff. File for an injunctive order giving you temporary possession of thes items until the court makes a determination that they are your separate property. You will need to describe the items well. You should have filed a schedule of assets and debts already where you noted the items that you concidered separate.

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Answered on 3/15/06, 3:50 pm


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