When a divorce is issued, is it illegal for one spouse to steal 90% or more of the other spouse’s property and either lock it up at a friends house or sell it?

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When a divorce is issued, is it illegal for one spouse to steal 90% or more of the other spouse’s property and either lock it up at a friends house or sell it?

Also, does the state automatically initiate preliminary injunction and, if not, if it was never requested is the theft of the majority of one’s property still illegal? Lastly, would you need a warrant and a peace officer at hand to legally obtain the stolen property?

Asked on October 17, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First and foremost, at divorce, you need to look athe divorce decree to determine who is awarded what. If it is something mentioned in the divorce that should be awarded to you, you need to file a motion in court for contempt of the order if it has been taken. If it is not mentioned in the order, you need to go back to court and ask for clarification and show evidence the items were yours and either ask for the items back or their value at the time of improper conversion.


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