Legal Question in Business Law in Louisiana

If a business owner's wife forcefully opens and brakes the lock of her husband's business filing cabinet to take the check books for his business operating account and the business's tax account and other bank related documents and refuses to give them back, can the husband bring legal charges of theft against her or does community property come into play in this situation? Now the wife was a business partner but the partnership has since been dissolved and the wife claims that she has the right to the check books because her name is still on the business at the bank as the primary signer.


Asked on 2/07/11, 6:35 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this is more of a criminal law question than a business law question. The police generally do not get involved in these kinds of disputes. The business owner could sue her for conversion in a civil court, but would need to prove he was the sole owner of the property in question and his wife had no actual or implied consent to do what she did. From the limited facts provided, that would be very difficult, but not impossible. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/08/11, 7:42 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

The wife can do what she did unless and until the husband files for divorce and the court orders certain boundaries set on who can do what with the community property.

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Answered on 2/10/11, 6:05 pm


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