Legal Question in Family Law in Georgia

Re: My Wife Is Trying to Clean Me Out

You clearly have quite a mess on your hands. Let's go over these things one at a time.

First, if you are an owner of the house, you cannot be found guilty of trespassing. One cannot be found guilty of trespassing on one's own property, even if he kicks in the door to do it. If your name is on the deed to the house, you should send a copy of it to the district attorney assigned to the case and request that the trespassing charges be dropped.

You might even have a lawsuit against the police for false arrest and violating your constitutional rights if they had no reason to believe it was not your house or that you had abused your wife.

As to your checking account, it would be theft by forgery if she didn't have your authorization to sign your checks for you. However, if in the past she has signed checks for you or been authorized to make withdrawals from the account, she will claim that she had ongoing authority from you. So, you probably would not get far with that.

The truck is an entirely different matter. I do not agree with the police statement that this is entirely a "domestic matter". They certainly didn't view her claim that you trespassed as entirely a "domestic matter", so they seem to be taking sides. Your wife stated to the police that she knew nothing about the truck. This is tantamount to saying that she did not steal your truck, so somebody else must have. Rather than attempt to file grand theft auto charges against her, go back to the police department and insist on your right to file a stolen vehicle report. Point out that your wife claims she didn't do it, but somebody did and you have a right to file a stolen vehicle report. The identifying information on the vehicle will then go into the state's computer system and whoever is found in possession of it will be arrested for grand theft auto.

Your other options to try to get back your property and money include (1) suing her for the tort of conversion and ask for damages and return of the vehicle, or (2) sue for divorce and seek the converted money and vehicle as part of the judgment of divorce. Be forewarned, though, that if she can prove marital infidelity in a divorce action, the court may take this into account in determining both the equitable division of the property and any alimony.

If you have more questions, feel free to e-mail me at [email protected].

Re: My Wife Is Trying to Clean Me Out

A quick follow-up to your question. If your name is on the deed to the house and there are no restraining orders or injunctions against you being there, and you are still married and no divorce has been filed, you still have a right to enter the house. Get a copy of your deed and keep it on you to show the police if they come. You could still legally enter and remain in the house. I would suggest entering while she is gone. But, be forewarned, she will very possibly accuse you of another act of domestic violence, and the police may well take her word for it, so you must decide if getting that roof back over your head is really worth it.