If my husband reports the car stolen and we are married but the car is in his name can I be arrested?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband reports the car stolen and we are married but the car is in his name can I be arrested?

My husband moved from Texas to NC and took
our son. He reported that I stole his car and
text me a form that says I have to appear in
court in NC for auto theft. Is this legit? If I don’t
go what will happen? What can I do?

Asked on July 5, 2016 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a general rule, it's not theft to steal something in which you legally have an ownership interest, including marital property.  It's called asserting a property interest in the marital property.... not theft.
With that in mind, however, that doesn't mean your husband was truthful about the status of anything if and when he spoke to the police.  The document you have could be valid or it could be fake.  Usually, law enforcement will at least attempt to reach out to you when you are being investigated for some type of criminal offense with civil overtones.
So, you need to take the document that he sent you and find an attorney that is licensed in the state where he claims it was issued... and let the attorney review it for authenticity.  From there, they may even be able to assist you by communicating your most basic defense... which is, as a spouse, you have an ownership interest in the car so the allegation are false/incorrect.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption