Marital Property

UPDATED: Oct 1, 2022

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Marital Property

My husband and I are separated, not legally. Just before we split, my husband bought a truck and a boat from a friend and he would make payments. This was in Aug-Sept. He moved out of the house in Sept and for 3 weeks he came in and out of the house taking whatever he wanted. He took the truck, but left the boat. I moved 2 weeks ago. He never got the boat so I took it with me. Then, 2 days ago, I received a phone call from the police dept asking me If I had the boat. My ex had his friend contact the police to file a report that the boat was stolen. The officer told me that the friend had shown him a picture of the title in his name. I do not know if my husband ever registered the boat or the truck. The officer told me that if I didn’t cooperate he would file a report that the boat was stolen and list me as the suspect. If my husband never registered the boat is it still marital property? Also, am I at risk for criminal charges?

Asked on November 19, 2018 under Family Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If ownership wasn't actually or properly transferred to your husband, he never legally became the owner. If he didn't own it, clearly it's not marital property: the first requirement for something to be marital property is to prove that a spouse ownes it, but it appears that you cannot prove this. Return the boat for now; if your husband has proof that he bought the boat, legal action can always be taken later to recover it.

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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