Legal Question in Family Law in Virginia
divorce and property
Just got separated and my husband is living in the house. He is currently holding all my personal property ''hostage'' (i.e. papers in my name only, personal clothing, things i had before our relationship). If he removes them from the home or sells them without my consent can i file stolen property charges against him?
1 Answer from Attorneys
Re: divorce and property
No, I would think that rather than attempting to file criminal charges against your husband in the scenario posited, your more appropriate remedy in this situation would involve filing a civil action against him for the return of your property, or, in the alternative if the property cannot be returned, a request for a judgment against him for its fair market value.
This particular remedy is called a Warrant in Detinue which you would file in the clerk's office(civil division)of your local general district court.
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