If my ex-husband and I pawned some of his parents things while married, now that we are divorced and they are claiming theft, can they come after me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my ex-husband and I pawned some of his parents things while married, now that we are divorced and they are claiming theft, can they come after me?
While married and hard for some cash, my husband and I pawned some of our things. He also gave me some of his parents items to pawn as well. I made a few trips into the pawn shop and he accompanied me on one of the trips. This was done 2 years ago and we split up 1 1/2 years ago. Once we split up and I moved out of his parents house I received a phone call from a “detective” and he claimed that I am on tape pawning the items that I stole and my ex-in laws are requesting complete value of all the items including what their son pawned of his own. There has been no police report from the family.
Asked on October 6, 2011 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
To pawn somebody else's belongings without their permission *is* in fact theft. It does not matter that you and your ex-husband are divorced; if you participated in taking his parent's belongings, you could be sued for their value. You would not be liable for the value of any of your ex-husband's belongings, inasmuch as he had the right to pawn them or give them to you to pawn on his behalf. (Though the family may now be claiming either that 1) those items belonged to the parents, not the son; or that 2) you took his items without his permission--this would present possible factual issues, though legally, if the items were his and he gave them to you to pawn, you are not legally liable.)
There is no requirement that someone whose items were taken without permission must file a police report or press charges. That person may elect to simply sue and try to collect the items' value.
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.