Legal Question in Criminal Law in Michigan

Gift stolen from me because of non-payment

A year ago, my wife purchased a guitar and amp from her cousin and gave it to me as a gift. In Feb. I was going through a divorce and she moved out. After moving out she came back into the house and stole my guitar and gave it back to her cousin. She denied taking it at first, but now I have a witness that was with her when she took it. She claims she hadn't paid for it yet and her cousin wanted it back so she took it and returned it. Is this a crime and will I be able to get the guitar back or sue for the replacement value? Thank you for your time.


Asked on 6/26/03, 1:22 pm

1 Answer from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: Gift stolen from me because of non-payment

This is a family law matter as it stands right now. First of all, were you awarded the guitar and amp in the divorce settlement? Or was the wording such that you were awarded your own personal property including these items? If so, she can be held in contempt for violating the terms and conditions of the divorce settlement. But if you don't know whether your ex-wife ever actually paid for the items, the problem is not resolved. If arrangements were made by her that she pay the relative and then did not, she is in breach over the deal with the relative. Just how important is this guitar and amp to you? And how hard do you want to fight to possibly get them back? No guarantees there because of the third party relative.

Nancy L. Moore

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Answered on 6/26/03, 2:39 pm


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