Criminal Theft charges against husband's girlfriend

[LeftinVA]

What is the name of your state (only U.S. law)? Virginia

My husband left approx. 3 years ago and recently (2 months ago) he returned, with his girlfriend and stole a $12,000 tractor from my barn, which they took back with them to her house in Pa. He claims it is marital property (it is) and he has the right to have it (I NEED it but he wants it). I have already filed for divorce (Abandonement) in Va. but he keeps fighting jurisdiction (he is now living with girlfriend in Pa. and wants the divorce there). Can I file criminal theft charges against the girlfriend since she physically helped him remove it?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Virginia

My husband left approx. 3 years ago and recently (2 months ago) he returned, with his girlfriend and stole a $12,000 tractor from my barn, which they took back with them to her house in Pa. He claims it is marital property (it is) and he has the right to have it (I NEED it but he wants it). I have already filed for divorce (Abandonement) in Va. but he keeps fighting jurisdiction (he is now living with girlfriend in Pa. and wants the divorce there). Can I file criminal theft charges against the girlfriend since she physically helped him remove it?

No. He was there and he has just as much right to it as you do.

If you purchased the tractor during your marriage, you can make sure you get your 50% of its value (or you can pay him 50% and keep it), but it's going to be hard to do much else.

 

[fre802]

Virginia is not a Community Property state, therefore the husband does not automatically hold a 50% interest in in the tractor or anything else. He does not have the right to come on to your residence and take things.

Check your divorce paperwork.... there should be a restraining order which restrains both parties from taking or selling marital assets without the permission of the other spouse, from the time the petition was served and filed until the final decree is signed. Contact your divorce attorney to handle this situation for you.. that's what you're paying them for. You may need to file a police report, or it may be dealt with by the divorce judge. In any event, it's not going to bode well for him in court.

Wanting to charge only the girlfriend is just emotion-based vengeance on your part. Your beef is with him, not her. Get a grip on your emotions, keep a clear head and a "it's just business" attitude, and you will fare better throughout the whole divorce process. Judges don't like the stereotypical "woman scorned" harrassing the ex and his new gf, so keep a buffer between you and them as much as possible, and don't let him push emotional buttons that end up causing you to react and look the fool. No person who runs off and leaves you for 2 years is worth the energy of your anger or tears.

Oh, and.... change the locks.

 

[Ohiogal]

Virginia is not a Community Property state, therefore the husband does not automatically hold a 50% interest in in the tractor or anything else. He does not have the right to come on to your residence and take things.

Marital residence unless she has a COURT ORDER stating that she has sole possession. So try again. The husband DOES HAVE AN interest in all property bought during the marriage. VA is an equitable distribution state.

Check your divorce paperwork.... there should be a restraining order which restrains both parties from taking or selling marital assets without the permission of the other spouse, from the time the petition was served and filed until the final decree is signed. Contact your divorce attorney to handle this situation for you.. that's what you're paying them for. You may need to file a police report, or it may be dealt with by the divorce judge. In any event, it's not going to bode well for him in court.

It is not going to bode well that he has marital property in his possession? Try again. He is allowed to have marital property in his possession until said time as there is a divorce order stating otherwise.

Oh, and.... change the locks.

More bad advice. Even if the locks are changed, as a marital residence he is allowed access without a court order stating otherwise.

 

[fre802]

OhioGal spouting paragraphs of silliness

You must have missed the part where he abandoned her 3 years ago and lives in another state at a separate residence?

Or her words "stole a tractor from my barn?"

Or the part that she's already filed for divorce... meaning the division of property now goes through the court, not who's a better grab-and-run artist?

Or the part where I told her to contact her attorney to handle the situation?

Or the part that there should already be a restraining order (that's a court order, dear) in effect preventing either party from taking or selling marital property without the agreement of the other party until the court determines the division of assets? If he wanted it, the proper thing to do is ask the court for it, not sneak in and take it.

He may hold an interest in the real estate property but it is no longer his residence. You might want to look up "residence" in Black's Law (That's a legal dictionary, dear) for the legal meaning of the word. BTW, "marital residence" is not a legal term and bestows no rights to enter after separation. Just words for the place where they lived together as a married couple, useful for determining jursidiction or distinguishing from "current residence". Oh dear, more words for you to look up!

While you're at it, find a family law text and look up the criteria for when separation legally begins in the eyes of the court..... not to be confused with "legal separation," that's something else. So much to learn!

Please link to the VA law that entitles him to come and go at her residence and take things as he pleases. Buy your reasoning, he could show up in her bed whenever he desires. Or run off with the appliances and copper plumbing. (are you starting to see the problem?)

It is not going to bode well that he has marital property in his possession?

You have serious comprehension problems, dear. It's not going to bode well with the court that he snuck in and took it , not that he has it.

You also didn't comprehend that I was addressing the previous poster who stated each were entitled to 50% of the tractor's value. 50% distribution implies the community property concept, where each holds a rebuttable undivided 50% interest in all marital property, as opposed to the equitable distribution concept, where each gets what the court determines is fair. I did NOT say he had no interest in the marital property, I said he did not "automatically hold a 50% interest in the tractor", which is absolutely true.

 

[mistoffolees]

You must have missed the part where he abandoned her 3 years ago and lives in another state at a separate residence?

Or her words "stole a tractor from my barn?"

Or the part that she's already filed for divorce... meaning the division of property now goes through the court, not who's a better grab-and-run artist?

Or the part where I told her to contact her attorney to handle the situation?

Or the part that there should already be a restraining order (that's a court order, dear) in effect preventing either party from taking or selling marital property without the agreement of the other party until the court determines the division of assets? If he wanted it, the proper thing to do is ask the court for it, not sneak in and take it.

He may hold an interest in the real estate property but it is no longer his residence. You might want to look up "residence" in Black's Law (That's a legal dictionary, dear) for the legal meaning of the word. BTW, "marital residence" is not a legal term and bestows no rights to enter after separation. Just words for the place where they lived together as a married couple, useful for determining jursidiction or distinguishing from "current residence". Oh dear, more words for you to look up!

While you're at it, find a family law text and look up the criteria for when separation legally begins in the eyes of the court..... not to be confused with "legal separation," that's something else. So much to learn!

Please link to the VA law that entitles him to come and go at her residence and take things as he pleases. Buy your reasoning, he could show up in her bed whenever he desires. Or run off with the appliances and copper plumbing. (are you starting to see the problem?)

You have serious comprehension problems, dear. It's not going to bode well with the court that he snuck in and took it , not that he has it.

You also didn't comprehend that I was addressing the previous poster who stated each were entitled to 50% of the tractor's value. 50% distribution implies the community property concept, where each holds a rebuttable undivided 50% interest in all marital property, as opposed to the equitable distribution concept, where each gets what the court determines is fair. I did NOT say he had no interest in the marital property, I said he did not "automatically hold a 50% interest in it," which is absolutely true.

YOU are missing the key point. Until the court issues a final divorce decree, it's not HER tractor or HER barn or HER residence. It's THEIR tractor and THEIR barn and THEIR residence -- unless she purchased them with non-marital assets and has not blended them with marital assets.

Since it's partially his barn, whether he 'snuck in' or marched in with 76 trombones is completely irrelevant.

 

[Farfalla]

YOU are missing the key point. Until the court issues a final divorce decree, it's not HER tractor or HER barn or HER residence. It's THEIR tractor and THEIR barn and THEIR residence -- unless she purchased them with non-marital assets and has not blended them with marital assets.

Since it's partially his barn, whether he 'snuck in' or marched in with 76 trombones is completely irrelevant.

So is his residence in the other state subject to the same rule? Is that HER residence too? By your point of view, she has the right to go to HIS residence and take whatever she wants, right? after all they are not divorced yet. .. right?

Nowhere in her post did the OP state when the property was purchased... not the tractor nor the house/farm/whatever. Who knows maybe she's leasing the farm. Maybe the OP could clear this up.

I wonder if the OP had such a stipuation put in her divorce petition. If not it might be time to add it for the remainder of the period until the divorce is final.

 

[fre802]

YOU are missing the key point. Until the court issues a final divorce decree, it's not HER tractor or HER barn or HER residence. It's THEIR tractor and THEIR barn and THEIR residence -- unless she purchased them with non-marital assets and has not blended them with marital assets.

That IS the point I made! It's not HIS tractor to take, either! And the poster did not say it was in THEIR barn or at THEIR residence. (you too, need to look up "residence," it is not interchangeable with Real Property ownership.) She said he stole it from HER barn, so why are you assuming it's THEIR barn without further information to support your argument?
Of course they probably do both own the RE property, but it could be a rental, could be her separate property, who knows? But it doesn't matter who owns the place. She lives there, not him, it's her separate residence now and he's lost the privilege to come and go and help himself to things. No matter if it is jointly owned RE property, or a jointly owned tractor, the point is, once he abandonded the premises and the divorce papers were filed, neither of them have the right to just take things (other than their personal and separate property) that are in the other party's possession. They either mutually agree to hand it over, or they ask the court for it. This happens constantly during the divorce process.. "Your Honor, she has my backhoe at the house and I need it to make a living," "Your Honor, I need the SUV to transport the kids to school and soccer" ... and the court makes a decision pending the final decree that the person gets temporary POSSESSION ( not ownership) of that item. That's the way it's done, not take what you want whenever you want. Although the marching band idea would be a nice diversion.

 

[majomom1]

OP does state that the tractor is marital property... which leads me to believe that the property probably still is too.

One key item here is OP doesn't say WHEN she filed for divorce. I have the impression that she didn't file until after he took the tractor... and possibly HE filed first in PA.

If OP had filed first, in VA... there would be no question, or battle, over jurisdiction. There are too many unanswered questions in this situation for anyone to really answer for sure.

 

[mistoffolees]

So is his residence in the other state subject to the same rule? Is that HER residence too? By your point of view, she has the right to go to HIS residence and take whatever she wants, right? after all they are not divorced yet. .. right?.

No, it's not HIS residence. If it was purchased with marital funds while the couple was still married, it is THEIR property.

Now, it's quite possible that it was purchased with an inheritance from his family - which would change the rules. Or if she purchased the tractor before they were married and kept it up with non-marital funds, THAT would change the rules.

But the OP admits that the tractor is marital property. So until a court order comes through changing things, it's just as much his as it is hers - they're each entitled to half.

 

[LdiJ]

The bottom line is that the tractor appears to be a working/needed part of the property where the wife resides, and is not needed in any way, shape or form where the husband resides. So, either the husband snatched it to sell it, or snatched it because the payments weren't being made on it and his credit was involved.

In either instance, its a court matter, and need to be addressed quickly by the court since it is apparently is a working/needed part of the property where the wife resides.

Wife would be best served to discontinue getting advice here, and to get advice from a local attorney.

 

[mistoffolees]

The bottom line is that the tractor appears to be a working/needed part of the property where the wife resides, and is not needed in any way, shape or form where the husband resides. So, either the husband snatched it to sell it, or snatched it because the payments weren't being made on it and his credit was involved.

In either instance, its a court matter, and need to be addressed quickly by the court since it is apparently is a working/needed part of the property where the wife resides.

Well, that's the wife's side. Husband may have a different story. Heck, my ex-wife insisted that she needed the power washer - even though she had never used it and had no idea how to use it (and has not used it in the time since our divorce). Since it was only worth about $20, I don't think it was about money, either. People get things into their head about what should be theirs and rationality goes out the window.

Unless it's part of a working farm that her income depends on, it probably doesn't matter, anyway.

Wife would be best served to discontinue getting advice here, and to get advice from a local attorney.

That's true. But I'll bet that he's going to have to spend a lot of time explaining to her how the 'mine vs ours' thing works.

 

[LdiJ]

Well, that's the wife's side. Husband may have a different story. Heck, my ex-wife insisted that she needed the power washer - even though she had never used it and had no idea how to use it (and has not used it in the time since our divorce). Since it was only worth about $20, I don't think it was about money, either. People get things into their head about what should be theirs and rationality goes out the window.

Unless it's part of a working farm that her income depends on, it probably doesn't matter, anyway.



That's true. But I'll bet that he's going to have to spend a lot of time explaining to her how the 'mine vs ours' thing works.

No one has a 12k tractor, unless they have a working farm. It might be a hobby farm, but no one buys a tractor who doesn't actually need one.

 

[Ohiogal]

fre802 -- love you... and your cat...

 

[mistoffolees]

No one has a 12k tractor, unless they have a working farm. It might be a hobby farm, but no one buys a tractor who doesn't actually need one.

ROTFLMAO. Want to bet?

My brother does and he doesn't live on a farm at all (hobby or otherwise).

And, of course, there's always the option that she inflated the figure. My ex-wife always seemed to think that things that I took were worth 10x what they really were and things she took had no value.