can i press charges on my wife?

UPDATED: Oct 1, 2022

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can i press charges on my wife?

my wife has a history of theft she has stolen from me a lot due to a drug habit because of that i just had my name added to my mothers account at a credit union we are the only ones authorized to use the account. she stole my ATM card and figured out the PIN number i did not give it to her she than wiped out in a matter of 4 days all the money in said account. i thought maybe i had just misplaced my card and didn’t know what had happened till about a week after the fact she adamantly denied she did it a month later she admitted it was her i know were married so she thinks she can get away with it because of that. but due to the fact it was my mother and i who were on the account and she wasn’t authorized to access the money i was thinking my mother could have her charged with fraud and theft since shes not married to her and didn’t have permission to access the money

Asked on April 8, 2018 under Criminal Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, since your wife was not on this account, charges can be pressed against her even though you, her husband, was on the account: being married gives you access to marital assets, but does not let you steal from other people (non-spouses), even if your spouse co- or jointly owns an asset with that person.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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